THE INTERCONSTITUTIONAL GUARANTEE OF CONSTITUTIONAL SYNCRETISM

Resumo

The reflections object of the present were originally presented in the II Luso-Brazilian Journey on Guaranteeism, at Instituto Superior Bissaya Barreto. I dealt, in a tight synthesis and without much bibliographic research, with the enumeration of problems associated with the projection of the word “guaranteeism” to other normative areas in addition to domestic constitutional law, due to the constitutionalization of international law and community law. In this sense, despite the voluntaristic and subjectivist impulse of the states in foreign relations, the legal regime constituted by post-national political institutions develops instruments that promote an objective normative order that aspires to assert itself imperatively over the political will, in symmetry to the internal constitutional paradigm, with which it begins to interact in a regime of constitutional syncretism that challenges the theoretical construction of public law as a hierarchical order. Delimited the object of reference of guaranteeism, which begins to incorporate new and autonomous material sources of constitutional values, it was concluded that this expansion provides a normative and judicial co-responsibility of constitutional law and constitutionalized international and community law, for the protection of fundamental rights, so that this constitutional syncretism starts to claim a control of legality that has as objective parameter normative instruments from all sources of public law, such as a conglobating constitutionality judgment, justifying the relations of preference applied concretely from the problems, and not abstractly, before them, from the norms.