This article has verified that in post-war Europe it was tried to confer greater effectiveness and submission of the legislators to the constitutions, operating a true paradigm shift from legalistic to constitutionalist supremacy in the post-war years. In its turn. In Latin America, constitutions have traditionally been referred to as documents with little effectiveness and almost no conformation of their texts to the reality of peoples. In such a context, it is possible to conceive the

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... tions existing throughout most of the history of the States of the region as species of political proclamations, given the prevalence of legalism that added to the underdevelopment of the States of the region and also to the legal instability observed during the nineteenth and twentieth centuries corroborated to weaken the relevance of constitutions. It was concluded that The current moment of application of the Law in Brazil is in adaptation to a new procedural system that provides binding precedents now no longer only when the concentrated control of constitutionality, but also the decisions of the Federal Supreme Court by the diffuse way of control, and such a change may lead to a new moment of constitutionality control, since the adoption of a system of precedents may imply greater respect for constitutional norms. On the other hand, Argentina, regardless of a legal system of precedents, tries to give binding effect to its decisions by means of a jurisprudential construction, altering the previously predominant understanding of the Court that the lack of constitutional provision made impossible to assign an effect to its undermines the freedom of cognition of the courts of lower instances. Given the lack of a preventive or abstract control of constitutionality, there is today in Argentina an appreciation of the control of the convention of the legislation to apply in concrete cases the international treaties as rules to the solutions of the conflicts.