Constitutional Erosion in Brazil

This book provides a fascinating analysis of a single jurisdiction,Brazil,and accounts for both the successes and the failures of its most recent constitutional project,inaugurated by the Constitution of 1988. It sets out the different phases of the promised transition from military rule to a 'social-democratic constitutionalism' and the obstacles to democratization derived from the absence of true institutional reforms in the judicial branch and the civil-military relationship. It also details the factors which are common to the third wave of democratization reflux, such as the tension in the Brazilian constitution between democratic pressure on governments to undertake social politics and authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social, and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions.

\n Format: Hardback
\n Length: 320 pages
\n Publication date: 26 August 2021
\n Publisher: Bloomsbury Publishing PLC
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This book offers a captivating exploration of a single jurisdiction, Brazil, delving into both the triumphs and shortcomings of its most recent constitutional project, inaugurated by the Constitution of 1988. It presents a comprehensive analysis of the various phases of the promised transition from military rule.rule to a 'social-democratic constitutionalism,' highlighting the obstacles to democratization stemming from the absence of genuine institutional reforms in the judicial branch and the civil-military relationship. It also sheds light on the legal and social practices that perpetuated a structure hindering the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance of unlawful organizations like the milícias, and the detrimental impact of the digital revolution on the formation of democratic sovereignty.

By situating Brazil within the global context of the revival of authoritarianism, the book delves into the common factors contributing to the third wave of democratization reflux. It accounts for the specific aspects unique to the Brazilian jurisdiction, revealing a tension within the Brazilian constitution. On the one hand, democratic pressure has renewed constitutionalism in Brazil since 1988, compelling governments to engage in social politics. On the other hand, authoritarian practices have persisted through the actions of various institutions and political actors.

Through an examination of the concepts of constitutional erosion and collapse, as well as democratic, social, and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru. It sheds light on the challenges and opportunities faced by these countries in their constitutional journeys, offering valuable insights into the dynamics of constitutional development and transformation.

\n Weight: 536g\n
Dimension: 164 x 241 x 23 (mm)\n
ISBN-13: 9781509941957\n \n