Constitucionalismo, Estado de direito e a invisibilidade social que 'teima' em continuar

Abstract

This article connects Constitutional Law to Literature through the debate between the issues presented in the works of Ralph Elison and Lima Barreto, which deal with prejudice, discrimination and social invisibility. With this background we intend to problematize and discuss the shortcomings of a (Democratic) Rule of Law model. To this end, at first, the work of Elison is approached; then Lima Barreto’s; to finally, get to a debate that presents the need to confront problems such as the slave inheritance and the difficult process of consolidating a State model which effectively guarantee fundamental rights in Brazil.