WEIMAR E O “CONSTITUCIONALISMO SOCIAL” PARA ALÉM DA “SOLUÇÃO DE COMPROMISSO”: DE SUA INSPIRAÇÃO À CRISE DE PARADIGMAS QUE NUBLA O SURGIMENTO DO “NOVO” NO BRASIL

Abstract

The Weimar Republic started to implement social rights, also called second generation of human rights, such as the right to housing, education and health. Therefore, we can observe the pioneering spirit of the Weimar Constitution with regard to the establishment of social rights, being, therefore, a product of the increase in the political weight of the workers. When establishing social constitutionalism, Weimar focuses on the relations between the State, the Constitution, politics and reality, thus projecting a leading and compromising document. It is in this sense that Weimar appears as a kind of “constitutional laboratory”, with the 1988 Constitution being the product of this context. This is the objective pursued by this brief essay, in which it is important to understand, through the hermeneutical phenomenological method, the contexts that, today, cloud the realization of social rights here, not only weakening the Constitution itself, but also delaying regrowth of the promises of modernity, belatedly projected in peripheral countries, such as Brazil.