A busca de decisões racionais para defesa da ordem constitucional

Abstract

It is proposed to demonstrate that the construction of the current state ruled by the law in Brazil established its foundations in the fight against absolutism, the people started to govern themselves in a system that is intended to be fair. In this constitutional system, the separation of powers between the legislative, executive and judiciary has the primary function of avoiding the arbitrariness of a single power and, for that, the system must be entirely subject to legality and aimed primarily at the preservation of rights and fundamental guarantees. In this context, none of the powers can make arbitrary decisions, all decisions have to be rationally based on the Constitution, but it has been shown that there are arbitrary decisions based on analytical rhetoric and that, in order not to go back to the time of arbitrariness, a good start is to take rational decisions, justified by the light of the Constitution.