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5 ICJ 1 (2019)

handle is hein.journals/icjuris5 and id is 1 raw text is: International Comparative Jurisprudence 2019 Volume 5 Issue 1 ISSN 2351-6674 (online) DOI: http://dx.doi.ore/10.13165/j.ici.2019.05.001 International Comparative Jurisprudence THE PROBLEM OF CONSTITUTIONAL INSTABILITY IN EMERGING ECONOMIES: THE CASE OF BRAZIL Marcos Augusto Maliska UniBrasil- University Center, Curitiba-PR, Brazil E-mail: marcosmaliska(vahoo.com br Received 26 March 2019; accepted 4 May 2019 DOI: http://dx.doi.orz/10.13165/i.ici.2019.05.001 Abstract: An investigation of issues of constitutional law often requires an interdisciplinary analysis. Constitutional law is also related to the economy, with constitutional stability depending on economic stability. Emerging economies face difficulties in remaining constitutionally stable. The Brazilian economic crisis generated a constitutional instability whose consequences are still unpredictable. The fragility of democracy in the country promotes the fragility of institutions and the Constitution itself. A purely normative discourse of the Constitution is insufficient, and it is necessary to rescue the politics and reorder the country politically. Keywords: emerging economies, constitutional stability, Brazilian case, crisis of democracy Introduction An investigation of issues of constitutional law often requires an interdisciplinary analysis. The constitution as a representation of the legal status of politics - that is, as a set of legal rules governing political power - is open to various fields of knowledge. This is particularly true with regard to the constitution of the second half of the 20th century, which is committed not only to the protection of individual fundamental rights but also social ones. In this sense, the constitution deals with issues relating to areas of law including procedural, criminal, civil, administrative, environmental and social security law. Constitutional law is also related to the economy, with social constitutionalism incorporating the regulation of state intervention in the economic domain as one of its main characteristics. The role of the state in the economy is a topic of great interest. In relation to this, classical economic liberalism required state abstention in economic matters, but 21st-century liberalism advocates state regulation that acts both for the proper functioning of the market and to avoid crises. Today, therefore, rather than the discussion being about the size of the state, it is now about its role. This study examines the problem of constitutional instability from an economic perspective, looking into the question of how emerging economies contribute to constitutional instability. This approach presupposes the existence of a constitutional system that guarantees fundamental rights, because only in an environment of freedom can one perceive constitutional instability more clearly. It is also important to distinguish constitutional stability from political stability, because outside the spectrum of the constitutional state, political stability can exist under an authoritarian regime. This analysis focuses on the case of Brazil, but I have also included some ideas that may serve as a reflection for other countries in a similar situation. 1 Professor of Constitutional Law of the Doctor's Program in Law at UniBrasil - University Center, in Curitiba - PR, Brazil. Federal Attorney. 1

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