Abstract:
The present work aims to investigate the theme of the democratic principle and its links with issues essential to the effectiveness of the Constitution, such as the practice of constitutional reforms and legislative changes in recent years that have been causing a worrying erosion in republican institutions and the protection of human rights, as well as causing a systematic violation of the dignity of the human person. In the same way, among others, the work of Roberto Gargarella contributed to explaining the lack of effectiveness of fundamental rights in Latin America and Brazil. As an attempt to resolve the issue of the non-effectiveness of rights, it was decided to bring Peter Häberle’s theory about the open society of Constitution interpreters and the need for the advent of a constitutional culture, which could be implemented based on the ideas og Gregorio Peces-Barba for education in citizenship and human rights. The issue of the crisis of the Democratic Rule of Law is one of the fundamental controversies of contemporary times. The research methodology was developed using the inductive method.
Keywords:
Rule of Law; Democracy; Constitutional reform; Human rights