Constitutional historiography and yours negative by the doctrine of effectiveness Ana Eduarda Bazzo Pupim, Renato Braz Mehanna Khamis, Verônica Scriptore Freire e Almeida

Abstract

This research has as its theoretical axis the article “Por uma história constitucional brasileira: uma crítica pontual à doutrina da efetividade” by Lynch and Mendonça, which considers the issue of Brazilian constitutional history and theory of the doctrine of effectiveness. The central object of the research is to demonstrate that Brazilian constitutional history is essential for the effectiveness of the country's constitutional construction. For this, it used the deductive-systematic methodology with analysis of historiographic works as well as legal works. Which had as a result that the doctrine of effectiveness is based on a "forgetting" of the constitutional history prior to the promulgation of the Federal Constitution of Brazil of 1988, with the purpose of interpretation and constitutional analysis starting from a clean slate, thus guaranteeing its effectiveness fully. However, it is concluded that the denial of a constitutional history is also to deny Brazilian history and the formation of national identity, as well as to deny Brazilian constitutional history in order to form a new history based on constitutional principles with normative force in order to seek a effective constituent without elitist traces, is to go back to carrying out the same actions of the past.