The Iustitium promoted by economic urgences and the suspension of the Brazilian Constitution of 1988

análise da Emenda Constitucional 95 de 2016

Abstract

This research deals with the state of permanent exception experienced by Brazilian society. To this end, it is intended to analyze the Constitutional Amendment 95 of 2016, fruit of the reforming derived constituent power that instituted the New Fiscal Regime and suspended the entire constitutional legal order regarding the social aspects of the Federal Constitution, which originated from the original and democratic constituent power. The general objective of the research is to verify whether the 2016 Constitutional Amendment 95 can be considered a manifestation of the state of exception insofar as it disregards the constitutional social order without necessarily repealing it. Specifically, we intend to analyze the suspension of the Brazilian constitutional social order from this constitutional amendment and to verify to what extent these phenomena relate to neoliberalism and economic globalization. The method employed was deductive because it starts from a generalization to a particular issue. The research technique used was bibliographic, which was developed from primary and secondary sources, Constitutional Amendment 95 of 2016 and literature related to the issue, respectively. From this specific case, it was found that in peripheral countries such as Brazil the current use of emergency powers has as its motto the limitation of the rights of the general population and the adequacy of domestic law to the needs of financial capital, which each flexibility and reduced possibilities for interference by popular sovereignty.

Keywords: Exception State. Neoliberalism. Constitutionalism. Crisis. Democracy.