05 de June de 2019
Article 5 of the Federal Constitution (CBRF) of 1988 has 78 sections that determine our fundamental rights, which aim to ensure a dignified, free and equal life for all citizens of our country. However, each article has its own text, called Caput, which brings the main idea that its paragraphs, paragraphs and / or paragraphs must respect, defend and regulate.
Caput refers to the text that accompanies the article in its main line, just after its numbering. In order to have a simplified summary of the organization of laws, it is sufficient to think that the article in its Caput indicates the central idea of what the law means.
“All are equal before the law, without distinction of any kind, guaranteeing to Brazilians and residents in the country the inviolability of the right to life, liberty, equality, security and property, as follows”.
It can be understood from the text of the law that the Caput of article 5 is a summary of how the fundamental rights of individuals in Brazil should be guaranteed.
Origin of fundamental rights in Brazil and in the world
Roman law, considered the first legal order of the Western world, provided for some fundamental rights in the Law of the XII Tables, but reserved them only to the dominant portion of the population, excluding foreigners and commoners from some laws. The democratization of laws and the defense of individual fundamental rights and freedoms only took its present form, encompassing all social strata, in the French Revolution in 1789. Embracing the Illuminati ideals of equality, fraternity and freedom, there was the normalization of a concept of fair and horizontal society, where the law would judge equally bourgeois, nobles, slaves and members of the clergy.
From the beginning of our legal system, we have the fundamental rights guaranteed. However, during the Military Regime, even with the fundamental rights provided for in the 1967 Constitution, citizens suffered many limitations. The main ones came after the radical constitutional amendment adopted by the president of the time, Artur da Costa e Silva, in December 1968, Institutional Act Number Five (AI-5). Among its various arbitrariness was the deprivation of the right to come and go, from the free manifestation of thought to the imposition of censorship on the press.
After this turbulent period of Brazilian history, listening to the popular yearnings, such as the Diretas Já movement, a Constituent Power was raised that elaborated and promoted the drafting of the current Constitution, implemented in 1988, also known as the Citizen Constitution. The voice of the people called for the return of individual freedoms and fundamental rights and so we arrive where we are today, with a solid article 5 that defends the entire population – at least in theory.
The Caput of article 5 of the 1988 Constitution presents us with the fundamental rights in Brazil, with the sections detailing each one of them. It is the north of our values as a society, being vital to a just and prosperous state.
In order to ensure a dignified, free and equal life for all the citizens of our country, the Caput of Article 5 guarantees, in theory, an ideal Brazil, but which is far from being achieved in practice. Although we are relatively well on the international scene, allowing our population to participate in democracy and government, there are still many barriers to our fundamental rights.
Dr. Athos Freitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MG 176984