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Brazil’s New Constitution: An Exercise in Transient Constitutionalism for a Transitional Society

Brazil’s New Constitution: An Exercise in Transient Constitutionalism for a Transitional Society KEIT H S. ROSENN Brazil' s Ne w Constitution : A n Exercise in Transien t Constitutionalis m for a Transitiona l Society INTRODUCTION After more than two decades of authoritarian military rule, Brazil has finally completed its incredibly slow transition from dic­ tatorship to democratic government. On November 15, 1989 th e en­ tire Brazilian electorate, in contradistinction to one restricted to generals or legislators, had its first opportunity in 29 years to vote directly for a presidential candidate. Because none of the 21 candi­ dates received a majority, a runoff election was held on December 17, 1989; it resulted in the election of Fernando Collor de Mello, a populist 40-year old former governor of the small northern state of Alagoas. The election was held pursuant to Brazil's new Constitu­ tion, which provided the critical framework for restoration of full democracy. In this respect, th e Constitution worked well. Although th e elections were hotly contested, no one seriously contests the le­ gitimacy of Collor's presidential mandate. The new Constitution is Brazil's seventh or eighth constitution, depending upon whether one counts a constitutional amendment that redrafted the entire constitution as a new constitution or as an KEIT H http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Brazil’s New Constitution: An Exercise in Transient Constitutionalism for a Transitional Society

Rosenn, Keith S.
American Journal of Comparative Law , Volume 38 (4) – Oct 1, 1990
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Publisher
Oxford University Press
Copyright
© 1990 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840612
Publisher site
See Article on Publisher Site

Abstract

KEIT H S. ROSENN Brazil' s Ne w Constitution : A n Exercise in Transien t Constitutionalis m for a Transitiona l Society INTRODUCTION After more than two decades of authoritarian military rule, Brazil has finally completed its incredibly slow transition from dic­ tatorship to democratic government. On November 15, 1989 th e en­ tire Brazilian electorate, in contradistinction to one restricted to generals or legislators, had its first opportunity in 29 years to vote directly for a presidential candidate. Because none of the 21 candi­ dates received a majority, a runoff election was held on December 17, 1989; it resulted in the election of Fernando Collor de Mello, a populist 40-year old former governor of the small northern state of Alagoas. The election was held pursuant to Brazil's new Constitu­ tion, which provided the critical framework for restoration of full democracy. In this respect, th e Constitution worked well. Although th e elections were hotly contested, no one seriously contests the le­ gitimacy of Collor's presidential mandate. The new Constitution is Brazil's seventh or eighth constitution, depending upon whether one counts a constitutional amendment that redrafted the entire constitution as a new constitution or as an KEIT H

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 1990

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