O Que É Constituição Semântica?

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Última Atualização 5 de dezembro de 2020

QUESTÃO CERTA: A respeito das constituições classificadas como semânticas, assinale a opção correta: São aquelas cujas normas são instrumentos para a estabilização e perpetuação do controle do poder político pelos detentores do poder fático.

A constituição semântica é aquela em que a realidade ontológica nada mais é do que a mera formalização da situação existente entre os detentores do poder político em benefício exclusivo dos detentores do poder de fato.

Não obstante o fato de que a tarefa original da constituição seja o de limitar a concentração do poder, possibilitando o jogo livre das forças sociais da sociedade dentro de um quadro constitucional, a tônica dada pela constituição semântica tende à restrição da liberdade de ação e será utilizada em prol dos detentores do poder. Então, a constituição semântica, ao invés de servir a limitação do poder político, transforma-se num instrumento para estabilizar e eternizar a intervenção dos dominadores fáticos na sociedade.

QUESTÃO ERRADA: Nas Constituições semânticas, a limitação do poder estatal se implementa na prática, havendo correspondência da sua pretensão com a realidade dos fatos.

ERRADA Constituição Semântica, (Classificação quanto ao critério ontológico) também conhecida como instrumentalista, não possui qualquer pretensão à limitação do poder político, servindo apenas para conferir legitimidade formal aos detentores desse poder. Por isso, a constituição semântica é característica de regimes autoritários.

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