SIMILARITIES AND DIFFERENCES BETWEEN LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM

Abstract

This article analyzes the similarities and differences between Latin American constitutionalism and Brazilian constitutionalism based on the theoretical contributions of Roberto Gargarella and José Murilo de Carvalho, as well as authors associated with decolonial theory. The study investigates whether Brazilian constitutionalism may be classified within the same historical and theoretical categories as Latin American constitutionalism or whether it followed a distinct and peculiar trajectory. To this end, the research adopts historical-analytical, comparative, and deductive methods, supported by bibliographical and documentary sources. Initially, the article examines the influence of decolonial theory on the understanding of Latin American constitutionalism, highlighting processes of resistance against Eurocentrism and colonial structures of power. Subsequently, it addresses the historical evolution of Latin American constitutionalisms, from the foundational period to the so-called New Latin American Constitutionalism. The paper then analyzes the development of Brazilian constitutionalism, emphasizing its historical peculiarities, marked by negotiated independence, the maintenance of monarchy, republican positivism, and the late incorporation of social rights. The study concludes that, although there are points of convergence between the models, Brazilian constitutionalism presents distinctive characteristics that differentiate it from contemporary Latin American constitutional experiences.