Princípio esquecido: o conceito da fraternidade e as dificuldades de sua efetiva aplicabilidade na Constituição Federal de 1988

Abstract

The present study aims to examine the definitions of fraternity concepts in Brazilian constitutional law. A historical cut will be made to better understand this principle, since its apogee, in the eighteenth century, during the French Revolution, until its decline in the following centuries, and still, until its rebirth in the last decades. The influences brought to legitimize the fundamental rights already set out in the Magna Carta are exposed, focusing on the universalization that the fraternity involves, presenting a new dimension in the legal environment, based on justice and conflict resolution. From this interpretative analysis in light of the Federal Constitution of 1988, it will be possible to observe the different concepts and meanings that in some points resemble, but they have values totally different from that which is fraternity. Considering such models, past mistakes will be pointed out, using fraternity in favor of promoting individual values. The search for the correct definition is the objective sought to constitute a fraternal society and for this, the use of the tools that will be made available and discussed throughout the process is the starting point for a knowledge walk. For everything, understand the other, integrate it, to make it participate and cooperate is to offer society an individual citizen.