The constitutional custom in Imperial Brazil: Is it an element for constructing the Rule of Law?
DOI:
https://doi.org/10.17811/hc.v0i25.1008Keywords:
Custom, Constitution, Brazil Empire, legal security, Rule of LawAbstract
The status of custom in the regime of sources of law has undergone substantial variation, with the formation of the modern State and the affirmation of the monist claim in the context of continental European States and Civil Law. Considering the Brazilian legal context, the question arises whether custom as a source of imperial Brazilian constitutional law contributed to the construction of legal security and the rule of law. The analysis focuses on the second reign through the exercise of powers attributed to the moderating power and the subdelegation to the executive power of establishing rules of legislative competence. Using a historical perspective based on the analysis of empirical sources, results that constitutional interpretation and custom regarding the powers of the moderating power during the second reign strengthened the construction of the Rule of Law. However, this fact is not peaceful regarding legislative subdelegation and may pose risks to political and juridical stability.
Enviado el (Submission Date): 19/01/2024
Aceptado el (Acceptance Date): 12/03/2023
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