Evolução histórica do Direito brasileiro: uma breve análise do prisma constitucional

摘要

In the legal sphere, Constitutionalism has shown to be of great worldwide relevance due to the fact that it has undergone constant changes, whether positive or negative and, often, independent of popular acceptance, generating a series of phenomena, which, later, would create the Constitutional context in contemporary times. Various social contract theorists, such as Jean Jacques Rousseau and John Locke, have devoted themselves to writing various works on the role of the State within the social fabric, focusing on the guiding principles of society and the role of the State as a cohesive and harmonious regulatory agent. For this reason, the need arises to study the constitutional advance of the Brazilian nation, which, in contemporary days,has risen to the creation of a unique and universal document, the Citizen Constitution of 1988. In the meantime, thesepages are intended to describe, under the historical prism, the evolution of the Cartas Magnas do Brasil, which takes into account in this analysis, the legal framework from the Political Constitution of the Empire of Brazil to the promulgation of the current supreme Law of the organization of the Brazilian State. To this end, the explanatory and exploratory framework was adopted as a study methodology, with bibliographic and documentary nature, obtained through databases and official websites of the Public Administration of Brazil, such as Periódico Capes, SciELO, Google Acadêmico, as well as as Portals of the Executive and Legislative. From this, it is inferred that the Brazilian State and People underwent significant changes during the transitional constitutionality processes, which will be highlighted in the next pages.