The difficulty of implementation of the 1988 Constitution is a worrying issue, especially when taking into account the sharp inequality faced by Brazilian society. In Brazil there is a narrow and exclusionary realization of constitutional provisions. In an attempt to get a new look at the old problem, this paper aims to analyze the feasibility of the theory of symbolic constitutionalization, formulated by Marcelo Neves, to explain the current moment experienced by the Brazilian society. From a rereading of the systems theory of Luhmann, Marcelo Neves proposes a new model, adapted to the specificities of peripheral countries, in which Brazil stands out as clear example. In the scholar mentioned vision, countries belongin...