Democratic formation of the constitution of the Federative Republic of Brazil of 1988 (CRFB/1988).

Introduction: After the years of lead, as known, the military dictatorship that took part in the country, declaredly contrary to the democratic rule of law that existed in Brazil until then, and that took over power through the use of force between the years 1964 and 1985, in 1988 the Citizen Constitution was promulgated, the Constitution of the Federative Republic of Brazil of 1988 (CRFB/1988), not without a struggle but as a possible, but not perfect, combination of the democratic and social need that was curbed by conservatism and the roots lying down from dictatorialism and the rightwing vision of the instituted powers of the elite, and that made amnesty possible for coup leaders and dictators, as well as those who fought for the democratic rule of law and for social justice through the widespread use of violence at the time, which became begins with the cowardly coup of 1964. The 1988 Constitution brought to society, on its side, important mechanisms for the protection of individuals and society against the will of the State and of society itself, declared and instituted fundamental rights and created legal instruments for the protection and guarantee of fundamental rights, such as, among many, we can highlight public civil actions, the collective writ of mandamus and popular action. However, social reality depends on the implementation of fundamental rights through the effective action of the State and society, and through the appreciation of democratic institutions, such as the CRFB/1988. On the other hand, the coup and the lack of appreciation for democracy and the democratic rule of law, however, live in the shadows and underworld of violence and fake news more recently, and during the more than thirty years of promulgation of the celebrated Constitution Federal of 1988, the institutions and the constitutionally established democratic regime have been questioned by the coup, of which the dantesque event of the attacks on democracy perpetrated by vandals, possible terrorists and financiers of chaos, and purely coupists, on January 8, 2023, at the headquarters of the three branches of government in Brasília, DF. fundamental rights, occurs with great emphasis in the scope of the realization of these same fundamental rights and affects more seriously, above all, the vulnerable, marginalized population, and the black majority, with a cowardly mechanism of structural racism sedimented over the nation in Brazil and which adds to the lack of appreciation for democracy on the part of the population, and which affects, notably, and with greater gravity the economically needy people who live in poverty. Objective: As a general objective, this manuscript aims to describe important mechanisms achieved for the defense and implementation of fundamental rights based on the Constitution of the Federative Republic of Brazil of 1988. Methods: The present work was developed through bibliographical research, on the conquest of rights inserted in the context of the constitutionality and normative force of the Constitution of the Federative Republic of Brazil of 1988, representative of the sedimentation of democracy in Brazil. The research approach method is deductive. Results: This research describes the evolution of generations of fundamental rights enshrined in the 1988 Constitution of the Federative Republic of Brazil,, among which the current stage of new fundamental rights, resulting from bioethics and technological advances. Conclusion: It is concluded that fundamental rights had a great evolution in a short period of time, notably driven by the barbarism created by the warlike, coup-mongering and dictatorial movements that rested from the 20th century onwards, and notably by the incidence of technological evolution resulting from the advance of science in the same historical period, and which underlie the conquest of rights and the need to implement goals to avoid the social, economic and existential collapse of humanity, with the aim of perpetuating good social coexistence and guaranteeing and promoting the quality of life of people and societies, permeated by rights that are partly individual and partly collective. [ABSTRACT FROM AUTHOR]