Para uma crítica ao idealismo no constitucionalismo da efetividade

Abstract

This dissertation starts from the criticism of Karl Marx and Friedrich Engels to the idealism of the young hegelians to investigate the presence of idealism in the work of Luís Roberto Barroso. To that end, I reconstruct the argument of Marx and Engels present in The German Ideology and The Holy Family; afterwards, I explored the doctrine of the constitutionalist over thirty-six years, investigating its origins, especially in the patrimonialism of Raimundo Faoro, and arriving at the construction of his model of Brazilian constitutional law, notably guided in the defense of the effectiveness / social effectiveness of constitutional norms and the normativity of the principles. To be able to work with absolutely different ideas, I expose two brands almost common to both idealisms: the separation between concept and reality and, afterwards, the search for the modification of what is understood by reality. Thus, I can formulate the hypothesis of this work: Barroso builds his own ‘reality’ by mixing the material and the ideal. To be able to test it, I use social, political and economic data related especially to his view on patrimonialism. Finally, I build my critique of Barroso's idealism and present alternatives to the view defended by the author about the usurpation of the public sphere by private interests.