Part I

Gilberto BERCOVICI, Professor at the Law Faculty of the São Paulo University of Brasil, The Guiding Constitution and the Crises of the Theory of the Constitution
The article presenst how the constitutional theory evolved in Brasil, the crise of this theory and its influencies for the Brasilian Constitution.

The author considers that Brasil can be proud for having one of the most developed  constitutional theory ever, updated and comparable with most modern constitutions of some european countries.  Though, this constitutional theory can be excessive orientated on how to interpret its dispositions and how to ensure the constitutional control. So it does not prevent all inevitalbe political, social and  economical problems  which occured by the new social order, in a country like Brasil.

The scientific purpose of this study is to present in an historical manner the crise of the constitutional theory and to present a proper way to overcome  it.

Key-words : The Constitution, the state, the guiding constitution.

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