The fundamental procedural rights in Brazilian constitutions
International Journal of Development Research
The fundamental procedural rights in Brazilian constitutions
Received 02nd August, 2022; Received in revised form 17th August, 2022; Accepted 09th September, 2022; Published online 30th September, 2022
Copyright © 2022, Guilherme Tanger Jardim and Augusto Tanger Jardim. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
The present article discusses, from the analysis of the constitutional text, how the fundamental procedural rights have been enshrined in Brazilian history. Throughout the evolutionary analysis of the constitutional text, the predominant political environment that served as a context for the changes on the subject is presented. With this, the study intends to awaken reflection on two aspects: 1º) the existence of an enshrined text in the constitution does not guarantee the application of the right stated; 2º) the attribution of meaning to a fundamental procedural right varies according to time, as well as to the political, social and legal context of a given space.
