EFFECTIVENESS OF THE NORMS OF ARTICLE 5th OF THE CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL OF 1988

Abstract

The present work seeks to address the effectiveness of the norms of art. 5th of the 1988 Federal Constitution, through a brief analysis of the classic classification adopted by José Afonso Da Silva, which deals with the rules of full, contained and limited effectiveness. We also analyze the minimum or negative effectiveness of such norms, addressing the meaning and extent of the norm in § 1 of art. 5th and its doctrinal controversy. We sought to identify that the existence of norms guaranteeing fundamental rights is not restricted to the body of the constitution, not excluding others resulting from the principles adopted by it and the rights contained in the so-called constitutionality block, which includes the norms of the Acts of Transitional Constitutional Provisions – ADCT and international human rights treaties approved in accordance with § 3 of art. 5th.