Dados vol. 51 n. 4 Rio de Janeiro 2008

Regras e contexto: as reformas da Constituição de 1988

Souza, Celina


Why do institutions change, and why, how, and on what subjects have changes occurred in the 1988 Brazilian Constitution? The article raises two hypotheses. The first assumes that the rules of amendment to the 1988 Constitution reflect the original framers' uncertainties on some issues. The second refers to the causes of changes, that is, contending that the constitutionalization of numerous issues was followed by changes in Brazil's macroeconomic and political context, allowing for the redesign of various Constitutional provisions. The article concludes that by designing a Constitution that reflected the redemocratization agenda, the framers "untied the hands" of future legislators and Presidents, facilitating the rules for Constitutional amendments and allowing Brazil's adaptation to a new context.

Palavras-chave: Brazil; 1988 Constitution; constitutional amendments.

DOI: 10.1590/S0011-52582008000400001

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Regras e contexto: as reformas da Constituição de 1988