The constitutional custom in Imperial Brazil: Is it an element for constructing the Rule of Law?
Keywords:
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
Downloads
Published
Issue
Section
License
Copyright (c) 2024 Luciene Dal Ri
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
- Journal can use the published works for future publications.
- Authors must inform the journal of later publications of their text.
