CLASSIFICAÇÃO DAS CONSTITUIÇÕES - Direito Constitucional (RESUMO)

Summary

In this video, Cíntia Brunelli explains the key classifications of constitutions, crucial for students and professionals in constitutional law. She covers the distinctions between promulgated vs. outorged constitutions, written vs. unwritten forms, and the differences between synthetic and analytic constitutions. The video also explores material vs. formal constitutions, dogmatic vs. historical constitutions, and rigid vs. flexible constitutions. Through practical examples and clear explanations, Cíntia helps viewers understand these concepts, while offering useful resources like her free Constitutional Law playlist and the 'Primeiros Passos no Direito' course for further learning.

Takeaways

• 😀 A constitution can be classified based on its origin: it can be promulgated (democratic) or outorgada (imposed by the ruler). An example of an outorgada constitution is Brazil's 1824 Constitution, while the 1988 Brazilian Constitution is promulgated.
• 😀 Constitutions can also be classified by form: written or unwritten. Brazil's Constitution is written, while the UK has an unwritten constitution based on customs.
• 😀 Constitutions can be synthetic or analytical in terms of their extent. Synthetic constitutions are brief and focus on essentials, while analytical constitutions, like Brazil's, are more detailed and extensive.
• 😀 The 1988 Brazilian Constitution is considered analytical because it includes many minute details that don't directly affect the state's core structure, such as specific mentions like the one about Colégio Pedro II.
• 😀 In terms of content, a constitution can be material (focusing on fundamental state norms) or formal (focused on what is codified in the constitutional text itself). Brazil's Constitution is considered formal.
• 😀 Constitutions can be dogmatic or historical. Dogmatic constitutions, like Brazil's 1988 Constitution, are created based on contemporary ideologies, while historical constitutions evolve over time, like the UK's.
• 😀 A constitution can be rigid, flexible, or super rigid in terms of alterability. A rigid constitution requires a more complicated process to amend, like Brazil's, which requires a three-fifths majority in both houses of Congress.
• 😀 A flexible constitution can be amended with the same ease as regular laws, while a super rigid constitution has not only a complicated amendment process but also certain unchangeable clauses, known as 'cláusulas pétreas' in Brazil's Constitution.
• 😀 Brazil's Constitution is considered super rigid due to its strict amendment procedures and unchangeable clauses that cannot be modified by any legal process.
• 😀 Cíntia Brunelli suggests her online content (like YouTube playlists and courses) to help students understand Constitutional Law more easily and effectively. She emphasizes practical learning through videos and courses such as 'Primeiros Passos no Direito'.

Q & A

What is the classification of constitutions based on origin?

Constitutions can be classified as 'outorgada' (imposed by the ruler) or 'promulgada' (democratically created by a constituent assembly). The Brazilian Constitution of 1824 was an example of an outorgada constitution, while the Brazilian Constitution of 1988 is a promulgada constitution.

What is the difference between a written and an unwritten constitution?

A written constitution is codified in a single document, such as the Brazilian Constitution. An unwritten constitution is formed by customs and practices, as seen in the case of the British Constitution.

What does it mean for a constitution to be 'synthetic' or 'analytical'?

A synthetic constitution contains only the essential elements necessary for the structure of the state and tends to be more durable. An analytical constitution includes more details and specific provisions, often making it longer and subject to more amendments. The Brazilian Constitution is considered analytical.

How is a material constitution different from a formal constitution?

A material constitution refers to the fundamental laws that form the foundation of the state, regardless of whether they are codified in a single document. A formal constitution, on the other hand, consists of the legal norms explicitly contained within the written constitution.

What are the characteristics of a dogmatic constitution?

A dogmatic constitution is based on the prevailing ideologies and theories at the time of its creation. It is usually a written document and often involves a significant break from previous constitutions, such as the Brazilian Constitution of 1988.

What is the distinction between a rigid and a flexible constitution?

A rigid constitution requires a more complicated and difficult procedure for amendment than ordinary laws. In contrast, a flexible constitution can be amended using the same process as ordinary legislation. The Brazilian Constitution is rigid, requiring a supermajority in both houses of Congress for amendments.

What is the concept of a super rigid constitution?

A super rigid constitution not only has a difficult amendment process but also includes certain provisions that cannot be altered at all. The Brazilian Constitution includes non-amendable clauses, known as 'cláusulas pétreas'.

Why is the Brazilian Constitution of 1988 considered analytical?

The Brazilian Constitution of 1988 is considered analytical because it includes detailed provisions, such as the one about the Colégio Pedro II, which do not address the fundamental structure of the state and could be seen as unnecessary for a constitution.

What are 'cláusulas pétreas' in the context of the Brazilian Constitution?

'Cláusulas pétreas' are provisions within the Brazilian Constitution that cannot be amended or reduced, ensuring the permanence of certain fundamental principles, such as the democratic form of government and individual rights.

What resources does Cíntia Brunelli offer for students studying constitutional law?

Cíntia Brunelli offers a free playlist of Constitutional Law videos on her YouTube channel and also promotes her course 'Primeiros Passos no Direito', designed to simplify the study of law and help students build a solid foundation in constitutional principles.