The fundamental objective of “guaranteeing the national development” in the brazilian federal constitution of 1988: analysis of an indetermined legal concept

Abstract

Through a deductive and research methodology in national and international documents and works, as well as laws and regulations, this article aims on the investigation of theoretical and legal framework of the fundamental objective consistent in guaranteeing the national development, present in Brazilian Constitution of 1988. First, the idea of undetermined legal concepts will be analyzed, recognizing them as possible legislative strategy regarding the pyramidal structure of the law. After it, an evaluation of the “national development” will be done, considering a jurisprudential as well as a doctrinaire basis, in order to determine its positive dimension (“what national development is”) and its negative dimension (“what national development isn’t).