A Constituição narrativa: teoria da realidade constitucional

Abstract

The present study aims to investigate the relationship established by the Constitution between the narrative representation of sociopolitical reality and constitutional reality. This connection arises from the tension between historical elements and narrativization, common in categorizing the feasible dimension of reality within a constitutionalism model that emphasizes democracy and political power games. It is argued that narratives significantly influence the development of institutions and public space, shaped by human interpretations and conventions regarding the representation and experience of a specific temporal context. This characteristic of the constitutional experience implies at least two main issues. Firstly, when narratives are promoted at the expense of democratic principles, they can result in authoritarian forms of power exercise, thus undermining constitutional legitimacy. Secondly, adherence to specific political-ideological narratives contributes to political spectrum polarization and may lead to detachment from sociopolitical reality, compromising constitutional normativity and establishing a relativization of norms. Rather than antagonizing constitutional elements, constitutionalism and democracy directly impact constitutional dynamics, resulting in a new phenomenon: radical normative constitutionalism characterized by symbolic or literal adherence to constitutional provisions. This poses a challenge of normativity conditioned by narrativization, structuring conjectures that influence the perception of constitutional reality in the sociopolitical dimension. The study is divided into three parts, each comprising six sections. The first part, "Reality and Narrative," reviews writings by Peter Burke and Hayden White, exploring how reality is shaped by narrative structures that contest the representation of reality. The second part, "Normative Narrativization," examines the interaction between historical experience and normativity, outlining how historicity influences the understanding of human experience. The third part investigates contemporary examples of authoritarianism, such as democratic decline and the expansion of constitutional jurisdiction, analyzing how these power narratives distort constitutional reality. In conclusion, confirming the three sub-theses, the thesis asserts that the concept of the Constitution is a narrative element that conditions and conforms to factual reality as much as it is shaped by it. It is thus more or less prone to democratic engagement or authoritarianism, where the normative element is crucial to the process of narrativization — leaning one way or the other.