O Conceito Moderno de Constituição e a Teoria do Poder Constituinte: Origens e Desenvolvimento

Abstract

This article approaches the origins and the development of the Constituent Power Theory’s and of the modern concept of Constitution, aiming at reconstruct the relationship between Law and Politics in the context of Modernity. At first, it discusses the concept of Constitution to the Antique Age and the Medieval Age. After that, it focuses the historical process of the American Revolution and the French Revolution. Next, it sets out to a reconstitution of the theoretical debate of the Weimar Republic. Finally, it presents a contemporary comprehension about the Constitution and about the constituent power adequate to the Constitutional Democracy. KEYWORDS: Constitution; Constituent Power; Law; Politics.