Banca de DEFESA: LUCAS ORSI ROSSI PEREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LUCAS ORSI ROSSI PEREIRA
DATE: 25/03/2025
TIME: 14:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FACULDADE DE DIREITO - UnB
TITLE:

ATTEMPTS TO MODIFY THE 1988 CONSTITUTION: an Analysis of the 1993-1994 Constitutional Revision and Its Outcomes

KEY WORDS:

1993-1994 constitutional revision; Brazilian constitutional history; 1988 Constitution; Constituent project; Constitutional change.

PAGES: 150
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The 1993-1994 constitutional revision was a brief and underexplored period in Brazilian constitutional history. Although the revision today is more analyzed for its brief scope, this study seeks to argue that the unfinished revisionist project of the 1988 Constitution continues to resonate in the present time, in a process of questioning the meaning of the 1987-1988 National Constituent Assembly. To better examine this phenomenon, this dissertation is structured in three parts: the origins, the capture, and the echoes of the 1993-1994 constitutional revision. First, it explores how the idea of constitutional revision emerged in the 1988 text, how it came to be conceived as a tool for dismantling the Constitution’s achievements, and how the unsuccessful attempts to accelerate its implementation occurred. Second, it analyzes how the revisionist agenda was captured by certain political actors, revealing signs that the 1993-1994 revision was going to erode the legacy of the 1987-1988 Constituent Assembly. These signs include efforts to expand the powers of revision, procedural maneuvers to expedite the process, the closure of National Congress galleries to the public, the violent expulsion of protesters, and the centralization of revision efforts around the rapporteur, undermining both popular and parliamentary participation. Third, despite its failure due to the lack of substantive outcomes, the revisionist agenda saw a final attempt to entrench itself through a proposed mechanism within the 1988 Constitution for its own eventual overcoming. Though this proposal was not approved, it has echoed through subsequent proposed amendments to the Constitution seeking new constitutional revisions. The study concludes that the lessons the 1993-1994 constitutional revision leaves for Brazilian constitutional history reinforce that a constitution should be followed and respected: rather than serving as an absolute rupture, a constitution functions as a guide that enables society to pursue its goals in a stable and effective manner, and institutional challenges must be addressed within the constitutional framework, never outside of it.

COMMITTEE MEMBERS:
Interno - 1647920 - ARGEMIRO CARDOSO MOREIRA MARTINS
Presidente - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Externo à Instituição - MARCELO ANDRADE CATTONI DE OLIVEIRA - UFMG
Interna - 1021564 - MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE