Constitutional Erosion in Brazil

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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 following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a social-democratic constitutionalism; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milcias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained 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, including the United States, South Africa, and Peru.

Reviews

A comprehensive, in-depth account and analysis of the dramatic erosion of constitutional democracy in Brazil required reading not just for anyone interested in Brazil, but for anyone interested in the spread of illiberal, authoritarian populism across South America and around the world today. Emilio Peluso Neder Meyer identifies brilliantly the causes and manifestations of constitutional crisis presided over by Bolsonaros government, and traces them, among other things, to tensions between the democratic and authoritarian ingredients of the Brazilian Constitution. * Wojciech Sadurski, Challis Professor of Jurisprudence, University of Sydney, Australia *
It is a significant contribution to comparative constitutional studies: not only does it introduce and exhaustively explore the concept of constitutional erosion, but also brings to the international audience one of the best analyses of how courts and the military may contribute to such a phenomenon. Emilio Meyers impressive capacity of connecting comparative studies and examples to Brazils fascinating - and sometimes surreal - constitutionalism is to be celebrated, but even more so is his belief in the strength and resilience of Brazilian constitutionalism to combat those who have the power to erode it. This is a must-read book! * Juliano Zaiden Benvindo, Associate Professor of Constitutional Law, University of Brasilia, Brazil *
This book provides a deep and wide-ranging account of recent constitutional developments in Brazil. It is a sobering account, and a must-read for anyone interested in the current health of constitutional democracy in Brazil and around the globe. * Rosalind Dixon, Professor of Law, University of New South Wales, Australia *

Author Bio

Emilio Peluso Neder Meyer is a Constitutional Law Professor at the Federal University of Minas Gerais, Brazil, and the Director of the Study Center on Transitional Justice.