The realization of the right to citizenship: a historical-legal study of the constitutional norm

Um estudo histórico-jurídico da norma constitucional

Abstract

This article analyzes the history of Brazilian constitutions in the light of the theories of Ferdinand Lassalle and Konrad Hesse. Lassalle states that a constitution is more than just a document, it is influenced by real factors of power, such as the monarchy, aristocracy, bourgeoisie, bankers, petty bourgeoisie, working class and general culture. Hesse, on the other hand, argues that the constitution has a normative force that persists even in the face of political forces. The study looks at the historical evolution of Brazilian constitutions up to 1988, highlighting how they reflect the country's social and political contexts. From the 1824 Constitution, which consolidated independence and maintained authoritarian aspects, to the 1988 Constitution, which expanded citizenship rights and established a democratic republic. The final analysis verifies the effectiveness of citizenship as a fundamental constitutional right, considering the interdependence between history and constitutional norms.