O text deals with criticism of the descriptive scope of constitutional law, which seeks to explain the flaws of judicial decisions based on an internal analysis of the legal provisions, disregarding the political tensions present in all societies. Suggesting that concrete and objective elements other than harmful elements should be repeated, the trial seeks explanations in the obramarxian, not to justify the existence of an umateau of the law in Marx, but to suggest that optionalism has much to gain from the semarxist of the societies of actualism capitalisation.The text is faces a critical view ofdescritivism on Constitutional Law studies. Thesestudies, traditionally, TRY to understand judges as an internal analysis – specifically to reflect on constitutional questions – that ignorepolitical tensions in modern societies.Reconsidering elements of Marx’s theory onconcrete and objective reality, the essay does notsupport the existence of a law theory in Marx, rather explains what could be on constitutional status from Marx’s point of view andpolitical philosophy.