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Shvoong Home>Law & Politics>Constitutional Law>Constitutional Principles Summary

Constitutional Principles

Article Summary   by:FranciscoMagalhaes     Original Author: Rodrigo Martins Barbosa
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This abstract was translated from Princípios Fundamentais Constitucionais
 
The fundamental principles are positivized in Title I of the Constitution, right after the preamble.
Principles here are understood as "a nuclear command system" in the words of José Afonso da Silva to play Celso Antonio Bandeira de Mello. The system is obviously the Brazilian constitutional legal system.

By fundamental we mean that these principles are a synthesis of all other constitutional requirements, and which are founded on these fundamental standards. These are the principles that define the shape of the Brazilian state, the structure of this state and the topline of the political regime and form of government organization and general policy adopted in Brazil.

Distributed among Articles 1 to 4 ° of our extensive Federal Constitution, the fundamental principles play a role ordering, serving up the role of discretion in interpretation and integration of all the standards that comprise the constitutional legal system of our country.

The Article 1 states that Brazil has the form of state and the republic form of government as federalism, the expression "the Federative Republic of Brazil," adding that we have a democratic state of law, formed by the indissoluble union of States, Municipalities and the Federal District and is governed by the following reasons:
I - sovereignty; II - Citizenship III - the dignity of the human person; IV - the social values ​​of work and free enterprise; V - political pluralism.
The single paragraph concludes with a solemn declaration that all power emanates from the people and is exercised on its behalf by our elected representatives, or, in specific cases, directly by the people.

Article 2 establishes the classic division of powers characteristic of Republican states: legislative, executive and judiciary, all independent and harmonious among themselves.

Article 3 states the primary goals of our republic: I - freedom, justice and solidarity; II - National Development III - eradication of poverty and social inequalities and regional IV - To promote the good of all without any form of prejudice or discrimination.

Article 4, the last title I, magistrates expressed the principles of our federal republic in international relations: independence, human rights, self-determination of peoples, peace, peaceful settlement of conflicts, repudiation of terrorism and racism, cooperation among peoples and grant for political asylum.

The title is fetched goal signed by the sole paragraph of Article 4 to seek the economic, cultural, political and social development of Latin America, including with the aim of forming a Latin American community of nations.
Published: November 07, 2011   
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