PROMESSAS UTÓPICAS E DEMOCRACIA: EFEITOS ADVERSOS DA ASSUNÇÃO PREMATURA DE COMPROMISSOS CONSTITUCIONAIS

Abstract

The present study has as its theme the adverse effects of prematurely assuming constitutional commitments, especially the erosion of constitutional awareness and the possible impacts on democracy and economic development, having arisen from the following question-problem: is the recognition of rights in the constitutional text something entirely positive or can it also generate negative effects? In this sense, the objective of this research is to critically analyze the concept according to which the recognition of rights in the constitutional text is always something entirely positive, as well as to investigate the adverse effects resulting from the formal recognition of constitutional rights that have not been implemented. Furthermore, the choice of the theme is justified by its limited coverage, as well as by the impacts that the adverse effects discussed here generate in the national legal-normative system. In order to fulfill the objectives described above, aimed at exploration and description, the analytical method was chosen, taking the dogmatic approach as a focus. In addition, a qualitative and theoretical approach was promoted, with the performance of bibliographic and documentary research. As a result, it is concluded that the enunciation of rights in the constitutional body, without their practical implementation, produces collateral results, usually neither foreseen nor desired. In fact, the Federal Constitution of 1988 enshrined in its body several fundamental rights, many of which depend on state action to be implemented. Much is said about the process of implementing these rights, demanding that the State take the necessary action to guarantee citizens dignified living conditions. Little is said, however, about the costs involved in this process. Every right has costs, some of which are more expensive than others. The reality of the State and of Brazilian society are incompatible with many of the provisions made by the constituent legislator, since, from a perspective of valuing human dignity and rejecting the authoritarian regime that preceded it, the Federal Constitution of 1988 ended up assuming, prematurely, certain constitutional commitments. This situation has several side effects that directly affect democracy and even sustainable economic development. Finally, it should be noted that what is effectively sought through this study is to develop, among legal scholars and even in society, an awareness that the initial celebration of constitutional commitments is indeed important, but it must be done with due caution, that is, in a prudent and reasonable manner, since, depending on what comes after that, the results can be quite unpleasant.