Crise estrutural e funcional do Estado Brasileiro: Do Brasil sonhado, projetado, conquistado, desejado e emanado pelo povo ao Brasil implantado e imposto

Abstract

This study analyzes the origin and evolution of the state, identifying the main features to achieve the study of the foundations of a democratic state and constitutional principles, especially the principle of human dignity and the constitutionality and applicability of the solution given to the social challenge of humanize the Brazilian society. It made the identification of the grounds and the essence of the model of the state investigated and its historical juncture of training, especially the position of the people as emanador of state power and subject of rights and duties. From a functional and rational vision of the state their purpose was established social, political and economic. For this it is essential to present the shortcomings and failure of the State to implement its fundamental objectives and enforce the constitutional commandments. Therefore, we present this work a demonstration of institutional crisis, functional and existential of the Brazilian state as Democratic, social and law stipulates as the constitutional text. In this sense, presents the fundamentals of the Brazilian state and a study of the Preamble of the Federal Constitution of 1988, with an analysis of Constitutional and humanistic elements of this state. To facilitate the statement of the condition of structural crisis of the Brazilian state, meet human needs inherent dignity of the Human Person ignored by that State. Moreover, presents the crisis of the political system of the State Representative in Brazil, together with the constitutional crisis facing the disrespect that triggers the crisis of law in the face of its ineffectiveness instrumental. Therefore, this work aims to demonstrate the condition of crisis in the Brazilian state of law and consequently, both used by the ruling class as mere instruments for maintenance of power, especially in view of the demonstrated ineffectiveness and inefficiency of the state to resolve social conflicts, and what motivates the society to create and implement a non-state law and participatory so plural and devolved.