Dados is one of the most widely-read social sciences journals in Latin America. Created in 1966, it publishes innovative works, originating from academic research, by Brazilian and foreign authors. Edited by IESP-UERJ, it aims to reconcile scientific rigor and academic excellence with an emphasis on public debate based on the analysis of substantive issues of society and politics.
Dados vol. 51 n. 4 Rio de Janeiro 2008
Abstract
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.
Keywords: Brazil, 1988 Constitution, constitutional amendments
DOI: 10.1590/S0011-52582008000400001
Rules and context: amendments to the 1988 Brazilian Constitution
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