THE RELATIONSHIP BETWEEN RAWLS'S ESSENTIAL CONSTITUTIONAL ELEMENTS AND THE STRUCTURAL PROCESS IN BRAZILIAN LAW

Abstract

This paper addresses the theme of understanding John Rawls’s “essential constitutional elements” and the structural process. The topic is problematized based on its relationship with fundamental rights affected by socio-political ruptures. In order to achieve this understanding, the theoretical foundation adopted is the philosophy of John Rawls. Accordingly, the research problem is: “How do the essential constitutional elements, according to the thought of John Rawls, relate to the structural process in Brazilian law?” The general objective is to understand this issue. The specific objectives are: (1) to identify the relationship of the essential constitutional elements in Rawls’s thought; (2) to analyze the concept of the structural process for its national application; and (3) to discuss the tension between constitutional elements and the structural process within the context of legal application. The research is structured as a bibliographic review, drawing primarily from Rawls’s major works: A Theory of Justice (1971), Justice as Fairness (1985), and Political Liberalism (1993), as well as from literature on the structural process in Brazilian law. The expected outcome is an understanding of how the structural process can be used as a strategy for implementing fundamental rights through a collective justice framework.