Economic Constitution and Democracy

Abstract

This article aims to explore the relationships between economic Constitution and Democracy, particularly the interdependent connection between the two. Starting from Norberto Bobbio’s idea of material democracy, where there is concrete and effective participation in political decision-making, it is essential to delve into the guarantee of the principles of freedom and equality, not only in an instrumental way but in a concrete manner. Thus, the concepts of formal and material democracy, formal and material equality, and human dignity are analyzed. Furthermore, a consideration is made as to whether the guiding Constitution proposed by Professor Gomes Canotilho can enable material democracy, and the answer is negative. Consequently, drawing from the work of Gilberto Bercovici, the concept of economic Constitution is analyzed, including the norms that compose it and its objectives. It is verified that in the Brazilian Constitution of 1988, the economic Constitution is composed of norms that establish clear rules respecting the valorization of human labor and dignified existence, in addition to promoting social justice. It is observed that there has been an evolution from the liberal state to the social state, with the consequent incorporation of economic elements into the constitutional text. As it enables the reduction of social inequalities, the economic Constitution is a crucial tool for the construction of Democracy.