A justiça e a democracia como hipérbole: o PNDH-3 e o projeto constituinte do Estado Democrático de Direito entre nós

Abstract

As a modern constitution, the Brazilian Constitution of 1988 is the starting point of a constitutional project. This article discusses the relationship between that project and the National Program of Human Rights (PNDH-3). At fi rst, it focuses on the openness to the future as the basis of the legitimacy of modern constitutions. Then it presents the problems of the constitution’s interpretation and identity. Next, it discusses the PNDH-3 as an important moment of the continuous process of interpretation of the Brazilian Constitution. Finally, it addresses the relationship between the constitutional project of the Democratic Rule of Law and justice and democracy understood as hyperbole. Keywords: Constitution; Constitutional Identity; Human Rights.