Abstract

SCHWARTZ, Germano; CARVALHO COSTA, Bernardo Leandro  and  ROCHA, Leonel Severo. Inter-Systemic Constitutionalism, Constitution and Fundamental Rights: Between Constitutional Theory and Legal Sociology. Novum Jus [online]. 2023, vol.17, n.3, pp.93-131.  Epub Mar 14, 2024. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.3.4.

The purpose of this article is to present the theoretical and practical foundations of Intersystemic Constitutionalism. For this purpose, a review of constitutional theory will be made, showing the evolution of the concept of the constitution in its two phases. In this topic, relevant decisions of the constitutional jurisprudence of Germany, Brazil and France will be pointed out to elucidate this evolution. Furthermore, in the same section, the inadequacies of Constitutional Theory to observe new legal-constitutional problems, raised to the level of the world society, are highlighted. At this point, cases are selected that involve different Latin American countries, especially Brazil, but whose repercussions have been global. Once this problem has been identified, elements of legal sociology suitable for solving the aforementioned problem are presented, highlighting among them the heterarchic linkage of organizations with fundamental rights and governance. As a hypothesis, in the conclusions it is argued that an intersystemic constitutional rationality is essential, bringing together elements of Constitutional Theory and Legal Sociology to face the current challenges of Constitutional Law. The methodology applied is systemic, using the technique of indirect documentary research, with review of national and foreign bibliography

Keywords : Constitution; fundamental rights; heterarchy; governance; social systems.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )