Thirty-Five Years of the 1988 Brazilian Constitution: Rights, Promises and Democratic Resilience

Authors

Luis Roberto Barroso, Brazilian Supreme CourtFollow
Patricia Perrone Campos Mello, Brazilian Supreme CourtFollow

Publication Date

2024

Abstract

This article provides a historical perspective on the moments anticipating the formation of Brazil’s 1988 Constitution, as well as a reflection on the future of Brazilian democracy. It is divided into four parts. Part I recounts the historical circumstances prior to the convening of the Constituent Assembly, which led to the 1988 Constitution. Part II analyzes the changes brought about by the new Constitution, especially regarding the three branches of government, as well as the evolutions in Brazilian constitutional theory over the period. Part III evaluates some of the critical moments experienced during its thirty-five years in force. The article concludes with a final note on the challenges that Brazil faces in the near future: the fight against poverty, the emergence of new technologies, and environmental protection. Despite some moments of fright and frustrations, there are good reasons to celebrate the thirty-fifth anniversary of the 1988 Constitution and the consolidation of constitutional democracy in Brazil. Nevertheless, there remains a long journey ahead.

Recommended Citation

Barroso, Luis Roberto and Mello, Patricia Perrone Campos (2024) "Thirty-Five Years of the 1988 Brazilian Constitution: Rights, Promises and Democratic Resilience," Indiana Journal of Constitutional Design: Vol. 10, Article 1.
Available at: https://www.repository.law.indiana.edu/ijcd/vol10/iss1/1