Year: 2024
Type: article
Abstract: The dispute over the concept of guardian of the Constitution dates back to the origins of constitutionalism but this debate often remains, in the field of Brazilian constitutional law, restricted to the discussions that happened in Europe and the United States. This work aims to document some research notes regarding the changes in the meaning of the concept of guardian of the Constitution during the last decades of the Brazilian Empire, specifically between 1860 and 1891. Initially, the work is centered on liberal political-constitutional thought, but without losing sight of the debate with Brazilian conservative thought, nor the process of translating or transplanting the concept from the European and American contexts. The research, still ongoing, seeks to ultimately investigate how discussions surrounding the concept have contributed to the construction of the Supreme Court as an institution of the Brazilian Republic. To this end, Reinhart Koselleck’s categories related to the history of concepts are adopted as a methodological reference, especially regarding linguistics anticipations. Preliminary data indicate that the conceptual debates at the end of the Brazilian Empire occurred as an anticipation of what would happen at the level of liberal discourse and the constitutional process of establishing the Brazilian Republic and throughout the country's history.
Author: Wingler Alves Pereira
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4405803756