Reception of norms of international law in the Brazilian Constitutional Experience: Doctrinal Conceptions about Executive Power overlays Between the Empire and the Republic (1824-1988) (original) (raw)
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In Search of the Brazilian Constitutional Ethos
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This article intends to identify the Ethos of the Federal Constitution of Brazil, if any. The search will be made in direct dialogue with the work of Alexander Tsesis, Constitutional Ethos (2017). From this perspective ethos represents core maxim of constitutionalism, namely: protection of individual rights for the common good. Despite the idea of ethos has been firmly constructed under the US Constitution reality, that is vastly different from the Brazilian one, so its existence is uncertain in the Brazilian Constitution. In this identification process, a historical perspective is brought up from the Brazilian constitutional texts, tracing a parallel between the Brazilian promulgated constitutions, to then deal specifically with the 1988 Constitution. In this sense, many comparisons are made between the Brazilian and American constitutions, conducting a parallel with the aforementioned work of Professor Alexander Tsesis. Based on a bibliographical research, upon a comparative metho...