Limites e titularidade do poder constituinte originário.

Abstract

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.