“The analysis of constitutional adequacy of provincial normative acts in Imperial Brazil: contours and performance of the Legislative General Assembly (1835-1889)”
constitutionality control; Imperial Constitution of 1824; normative decentralization
Despite the rare academic works that explored, in depth, a supposed system of “political control” of constitutionality of normative acts in the imperial period, the examination of the effective pragmatics observed in the context prior to the advent of the republican regime is not observed. Thus, the research aims to carry out investigations on the practice developed by the General Assembly, in the period from 1835 to 1889, regarding the verification of the compatibility of provincial acts with the constitutional norms and, from then on, to evaluate to what extent the structuring of the system of constitutionality control in the republican regime resulted from the need to adapt the institutional practices observed in the imperial period regarding the resolution/accommodation of tensions between the central normative power and the local powers.