OWNERSHIP OF THE ORIGINAL CONSTITUENT POWER AND THE POSSIBILITY OF A NEW CONSTITUTION IN BRAZIL AFTER THE PROMULGATION OF THE FEDERAL CONSTITUTION OF 1988

Abstract

The present work presents the importance of a Constitution for a country, how it emerges and replaces it. In the case of Brazil, the Federal Constitution of 1988 will be addressed, since there are currently discordant doctrines, a context in which the work presents the one that questions and the one that guarantees its legitimacy, both with pertinent arguments that are extremely relevant to be studied, once one thinks about the possibility of convening the Original Constituent Power for the creation of a new Constitution for Brazil. The question that the work seeks to solve is what are the democratic parameters to identify the legitimacy of the Original Constituent Power in the establishment of a new Constituent Assembly in Brazil, in view of this, the objectives are to understand the ownership of the Original Constituent Power, as well as, clarify the concept of democracy and popular will, so that the investigation into the possibility of creating a new constitutional text that will abolish the current one is clear, also analyzing the consequences that such an act would bring to Brazil. The first current is in favor of convening a Constituent Assembly so that a New Order can be born that will govern the country and thus solve the crisis we face. The other current disagrees with this thought and presents the risk and vulnerability it causes to the Democratic Rule of Law, as well as to the fundamental rights already acquired.