Constituição, constitucionalismo e efetividade na China: ilações entre cultura tradicional, práxis política e discurso constitucionalista no contexto chinês

The present work constructs a comparison between the official nomological discourse of the Chinese Constitution in force and the different approaches about the meaning of the Constitution and of fundamental-human rights developed by the Chinese constitutional scholars. Its main methodological strategy is to configure a sampling from the data collected from the Chinese legal literature related to its constitutional law and fundamental-human rights. Moreover, the analysis is incremented through a reflection regarding the influence of the different Chinese political and cultural traditions in the equally distinct perspectives of its contemporary constitutionalism. As its main results it is verified not only the existence of conflicting perspectives in Chinese constitutional culture, but a majoritarian presence of pragmatical and utilitarian approaches to the discourse of fundamental-human rights as well, and also a primacy of political and economic dynamics in comparison to the constitutional guideposts, which still have a low binding or guiding power.