As concepções clássicas de constituição

Abstract

This paper aims to explore the classical concepts of Constitution made in the late nineteenth and early twentieth century, when the Theory of the Constitution as autonomous branch of knowledge born. The importance of the study is justified by the fact that, until today, no definition of what is (or what should be) a constitucion is immune to critics, so it’s very important to focus on main discussions about the theme, in order to allow theoretical advance it. Through literature review, were focusing on the main concepts of the Constitution, extracting from Lassalle’s work the sociological conception of Constituicion, that is criticized by Hesse – who didn’t admits the Constitution as mere “piece of paper” – and Kelsen, who makes a juridical conception of Constitution. Schmitt, in turn, develops, through its decisionistic theory, the political conception. In contrast, perceiving the complexity of constitutional phenomenon, Heller proposes to highlight the importance of values and argues that the Constitution is conceived by many factors, normal, juridical normed and extrajuridical normed, which shows that isolate the design of a constitution is an error.