Constitucionalismo latino-americano : reflexões críticas sobre os casos de Brasil, Venezuela e Colômbia

Abstract

The doctrine of Constitutionalism defends that democracy must be conceived through a constitution, whose content limits power, fulfilling its political function, and the history of Latin American Constitutionalism is an example of how this ideology can undergo mutations and group influences and popular mobilizations until reaching a status of apparent stability. However, today, democracy is threatened by the phenomenon of Abusive Constitutionalism, conceptualized by David Landau (2013) as “the use of mechanisms of constitutional change in order to make a State significantly less democratic than before”. The present work, therefore, intends to carry out a study of Latin American Constitutionalism, presenting its formation up to the present day, including the recent threat of Abusive Constitutionalism, specifically to the countries Brazil, Venezuela and Colombia.