Rewriting article 5 of the Constitution of the Republic

an explanation

Authors

  • Pedro Armando Egydio de Carvalho Procuradoria do Estado de São Paulo, PGESP, Brasil

Keywords:

Fundamental rights, Constitutional rewriting, 1988 Constitution, Popular legal education, Human rights

Abstract

The text presents a popular rewriting of article 5 of the 1988 Constitution, drafted so that the people may appropriate the law in their own words. The author begins by criticizing the legist who freezes the meaning of the norm and keeps it untouchable, leaving the significations reserved to the people, the true subject and addressee of the democratic legal order. He thus proposes a continuous work of rewriting, comparable to a ladder discarded once it has served its purpose, meant to stimulate popular reflection and creative expression regarding individual and collective rights. He concludes that such knowledge and practice of human rights rectify inequalities and situations of deprivation, contributing to respect for the clauses of peaceful coexistence established among citizens.

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Author Biography

Pedro Armando Egydio de Carvalho, Procuradoria do Estado de São Paulo, PGESP, Brasil

Procurador do Estado de São Paulo.

References

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Published

1993-07-01

How to Cite

CARVALHO, Pedro Armando Egydio de. Rewriting article 5 of the Constitution of the Republic: an explanation. Brazilian Journal of Criminal Science, São Paulo, v. 3, n. 3, p. 151–162, 1993. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3262. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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