Todos a favor de todos: Estado e Constituição como condição de possibilidade para um Contrato – juramento – Natural

Abstract

The main hypothesis of this thesis is to state that a Natural – oath – Contract may represent, through another State and another Constitutionalism, a transformation in man, as humanity, and in his current relationship with the world, this understood as Earth-nature. In this sense, as a central theme there is the contemporary problem that the State and Constitutionalism, this as a historical phenomenon that influenced the construction of modern Constitutions and both fruits of the Modern Social Contract, no longer impose limits on life – global – in society. As a result of all this, for this accomplishment, five objectives were listed, one general and the other four specific, namely: a) to demonstrate that, in this destiny as a fatality, that is, in this contemporary logic of the world, characterized from of a distance with regard to man and his relationship – once sustainable – with nature, there is still the possibility of building, through another State and another Constitution, a Contract – oath – Natural (all in favor of all); b) reconstruct, based on Thomas Hobbes Contractualism and the interrelationship of Modernity and Post-Modernity, the political and legal bases for a Contract - oath - Natural; c) demonstrate that another Contract-Oath, now natural, will prove adequate to face the environmental “crisis”; d) to propose, through the historical-linear analysis of the development of the constitutional phenomenon, a Constitutionalism for this Contract – oath – Natural; e) to verify if this Contract – oath – Natural, will be able, through the State and the Constitution, to transform the present scenario-image of the world and, from this transformation, be it anthropological, legal and political, to reconnect man with nature, with so that this interrelationship can reappear as the totality of the world. In addition, to meet these purposes, hermeneutic phenomenology will be used as the approach methodology. Regarding the procedure method, for this study, the monograph will be used. Finally, as a research technique, the bibliography will be used.