Nuevas funciones constitucionales en un Estado Democrático de Derecho.

Authors

  • DIOGO DE FIGUEIREDO MOREIRA NETO

Keywords:

Constitution, new functions, independence, neutrality.

Abstract

New constitutionalism brings two strong commitments: human rights and democracy. This essay identifies some changes in the nature of constitutional functions of the State, as introduced in Brazilian Constitution of 1988, inspired by those new paradigms. The main distinction discloses, side by side with the traditional functions of the State: the Public Government and the Public Justice, some new independent functions in the State: those committed to vigilance, control and promotion of rights, that are hybrids, because they are mainly devoted to the interests of Society, and neutrals, because they are exempt from influences of the political parties.

Published

2010-12-30