Banca de DEFESA: RÔMULO DORNELAS PEREIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : RÔMULO DORNELAS PEREIRA
DATA : 30/08/2017
HORA: 09:00
LOCAL: Auditório C do CCHLA
TÍTULO:

THE ANTIDEMOCRATIC LEGACY OF US AMERICAN FEDERALISTS IN BRAZILIAN INSTITUTIONAL DESIGN: An analysis of the Constitutional Law handbooks

PALAVRAS-CHAVES:

US Federalists; Democracy; Brazilian Constitutional Law.

PÁGINAS: 118
GRANDE ÁREA: Ciências Humanas
ÁREA: Ciência Política
SUBÁREA: Teoria Política
RESUMO:

Differently from what is usually mentioned in some classics of Political Science and Law, it is observed that the final redaction of the US American Constitution of 1787, still in force, does not represent a democratic inspiration for Brazilian constitutionalism. In the same way, a systematic reading of the Brazilian constitutional law handbooks from the end of the 19th century to the present day shows how the influence of federalists in the local legal-institutional order is perceived throughout history, that is, in what way and with what level of criticism the Brazilian constitutionalists understand the US American institutional arrangement origin. The narrative carried out in the different works and the omissions evidenced on the aforementioned foreign inspiration helps to understand the reason why so many institutes were crystallized in the constitutional and political thought of the country, as well as to understand the anti-democratic bias of our state model. Between October 1787 and April 1788, James Madison, Alexander Hamilton and John Jay published a series of articles in the New York City newspapers in order to support the arguments of those who advocated the promulgation of the final text of the US American Convention in Philadelphia. Subsequently, the articles were collected in a book published under the title "The Federalist", becoming a paradigmatic work exerting a strong influence in the elaboration of written constitutions of the entire world, especially in Latin America, as was the constitutional text itself. Following the modern and liberal tradition, the constituents of the Brazilian Constitution of 1988, as well as the constitutional documents of 1891, 1934 and 1946, consecrated several institutes of the US American federalist tradition. In this sense, it is possible to mention the following institutes: The bicameral system for the legislative power, the federative system of power division between the “federal union” and the states, the principle of powers division with the checks and balances system, the appointment system to the Supreme court with the competence of guardian of the Constitution, presidentialism etc. For these reasons, it is important to analyze the origins of US American philosophical-political thought as well as the revolutionary process that triggered the proclamation of the independence of the thirteen British colonies to understand how the constitutional order was elaborated by the Philadelphia Convention and the disputes of interests that motivated the debate between the federalists and the anti-federalists.

MEMBROS DA BANCA:
Presidente - 1517561 - GABRIEL EDUARDO VITULLO
Interno - 1149332 - LINCOLN MORAES DE SOUZA
Externo à Instituição - ARAGON ÉRICO DASSO JÚNIOR - UFRGS