TARGINO, G. C.; http://lattes.cnpq.br/8253262566180244; TARGINO, Giliard Cruz.
Résumé:
This research has as its main objective examine the limits and ownership of the
Constituent Power Originally in its most diverse acts in the course of history. In
search of answers to the concerns raised as issues of the research, the methods
employed are bibliographic, with the use of doctrines, the evolutionary history to
demonstrate the evolution of doctrines that preach the existence of core standards,
the comparative method to make a parallel among the various doctrinal thoughts and
finally, the method exegetic basis with the interpretation of constitutional device. The
work shows that the idea of the existence of the basic norms of a state still back the
years of seniority, followed by the Middle Ages with the emergence of various
doctrines, discharging in the Modern Age to the emergence of the doctrine of the
Constituent Power. This doctrine itself featured a spread on the other, therefore, its
object of study was the emergence of a Power with the prerogative to create all
powers, organizing the state, giving power to the bodies of the public administration
and ensuring equal treatment to all individuals who compose the nation. The
Constituent Power emerged in France in the second half of the eighteenth century
coupled to movements of the French Revolution and has toreador Emmanuel Joseph
Sieyes, author of the "What is the third state", stupid of bourgeois movement against
the privileges of the clergy and nobility . The Constituent Power rationale was to
dispense with the need of a competent power to create the Law of the Greater legal
system based on the social aspirations, is taken as a standard of value and relevant
point of reference of other standards. This power reflects the will of its holder,
constituting themselves into a force with the ability to create the Greater Law of the
State and organize the legal system in this. The Power Constituent Originally, even
when express the popular will, should to bend in front of the natural rights and in
particular of the fundamental human rights as a natural right, since they are
unavailable and incontrovertible. But, however, there is no positive law limits
therefore his work, the Constitution, is who imposes limits to the rest of the normative
pyramid. Fatured is, that the Constituent Power, has as holder who will have the
sovereign State and may, however, be an individual, a privileged class or the whole
nation, as is the form of government and political systemadopted.