O processamento de conflitos distributivos na democracia brasileira: considerações acerca do projeto de igualdade da Constituição de 1988

Based on qualitative bibliographical research, this article seeks to investigate the stability of the Magna Carta as an instrument for distributive conflicts in Brazil, given the scenario of conditioning, by neoliberal capitalism and the context of economic crisis experienced by the country, of the Social Rights established by the 1988 Constitution and the public policies arising from them. Based on Paul Starr’s theory (2019), it was investigated if the possibility that the nature, realization and even effectiveness of the fundamental rights guaranteed by a constitution, rather than tight guarantees, are guiding contents of an interpretative dispute. As a result, it argues that fundamental rights are certain “statuses”, i.e. they are subject to constant updating, which is necessary for the constitutional guarantees and the entire text promulgated in 1988 continue to effectively process distributive conflicts in Brazil.