The Decision For The Non-Democracy: The Refusal Of Popular Amendment Initiative In The Brazilian Constituent Process

Abstract

The 1987-1988 Brazilian constituent process is known by an intense popular presence and by the repeated dispute for the control of the National Constituent Assembly (ANC). This fact makes this episode distinguished by numerous antitheses, which end up making this event even more complex. In order to contribute to the elucidation of some points of this moment the present investigation is developed through the following question: how was the process of constitutional opening and closing in the process of 1987-1988, in particular, the sedimentation of a Constitution that made impossible the popular amendment initiative? To solve this problem, this research is developed through the documental historical method, mainly from the proceedings of the ANC and bibliographic review of texts related to the subject. In this sense, at first, the investigation turns to the beginning of the democratization process, which started from the dictatorial regime in order to maintain the basic structures of the authoritarian period, as well as to prevent a “revanchist” transition. Subsequently, the focus turns to the dynamics established in the ANC, identifying that these ended up favoring a group identified as “progressive”. This achievement makes it possible to understand the influences of agendas linked to minority groups in the constituent process, as well as the definition of the agenda along this path. Finally, it presents the proposals and demands related to the inclusion of the popular initiative for amendments in the Constitution, in addition to the rejection process of this institute in which the “Centrão” managed to assert its position.

Fecha de envío / Submission date: 11-01-2022
Fecha de aceptación / Acceptance date: 1-02-2022