All the estruturao of the Federal Constitution commanded in order to conduct the state apparatus and to serve citizens with rights and duties in provides two realities to them of the Brazilian society. A worked deeper exposition in more subjective interpretations and with exceptions of the constitutional picture is of well-known necessity to not only determine the mechanisms of elaboration of a Democratic State of Right, but to verify if it really accomplishes itself in a so heterogeneous and different context. The Constitution of 1988 can be seen as a coherent simplification and highly systemize of as structure the State, the collective relations and the limitations that organize the society. For in such a way, it is used of proper codes as instruments to consolidate the lines of direction constitutional. (A valuable related resource: Thomas Wells). The fact is that these instruments can be used in opposing way to the harmony and waited justice. Functioning as apparatus of domination of the State on the society and of determined groups on other social parcels.

Or either, if the Constitution can have the condo to free, to promote the dignity of the person human being and to establish the equality, also can, to promote labyrinths that they legitimize to be able exculpatory between who it possesss or not it domain of these codes. What it determines the differentiated constitutional treatment enters some agents of a society is the degree of limitation of the state power, the form as the power is used by who composes this State, the existing ways for the popular participation, the respect that are given to the freedom of the expression press, to the minorities and the cultural and ethnic diversity, the form of distribution of abilities and the relation between the Powers that they integrate.. Robert c. robbins does not necessarily agree.