LONGEVITY VERSUS CONSTITUTIONAL LOYALTY: DEBATE ON THE 1988 CONSTITUTIONAL DRAFT
DOI:
https://doi.org/10.17058/rdunisc.vi77.20717Abstract
This paper seeks to understand the reasons that support the Constitution of the Federative Republic of 1988 over time. To achieve this central objective, two possible responses to the phenomenon analyzed are put into dialogue: on the one hand, there is the argument of maximizing commitment; on the other hand, the inertia of other political forces. The original proposal for constitutional longevity establishes a very plausible explanatory aspect. The comparative method is used to evaluate the scope and limits of each theory presented, being with the basic research, with an explanatory objective, in the theoretical aspect, in which the systematic bibliographic review is used. Except for the introduction and the list of references, the paper is structured in three parts: first, the 1988 constitutional project is rescued; next, the maximizing commitment argument is presented; in the end, it confronts the antithesis of longevity by inertia, at the end the conclusion will be presented. In synthesis, the constitutional project inaugurated in 1988, even though constitutional loyalty remains unfinished, resist the test of time because it was able to transform, to some extent, social reality.
