Corruption in peripheral modernity under the view of the Brazilian constitutionalism

Abstract

This work is intended to analyze the position of the (post)modern State in its fight against corruption, from the perspective of the historical development of constitutionalism, taking into account the abyssal line of modern thought, concretized in the reproduction of the enabling duality of the segmentation between central and peripheral states. Thus, a reflection is made regarding the constitution normative functionality and the structural asymmetries inherent in the non-effective implementation of fundamental rights, whose protection, under the perspective of constitutional idealism, is intrinsic to the constitution concept. Such conception leads to an analysis of the Brazilian constitution and its nominalist nature, qualified by the mismatch of reality with the fundamental rights and guarantees advocated in its text, indicating the insufficient law positivity, which makes it difficult to move towards centrality. Thus, a view of how the State perceives the corruption phenomenon is established, which is inexorably related to its position in peripheral modernity, characterized by the lack of constitution normativity and the absence of an environment enable to fulfill the fundamental rights. An analysis is made about how the constitutional order calls and instrumentalizes public institutions in order to solve the corruption problem.