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10 Ind. J. Const. Design 1 (2024)

handle is hein.journals/indjcstd10 and id is 1 raw text is: THIRTY-FIVE YEARS OF THE 1988 BRAZILIAN CONSTITUTION: RIGHTS, PROMISES AND DEMOCRATIC RESILIENCE Luis Roberto Barrosoi Patricia Perrone Campos Mello2 Abstract: This article provides a historical perspective on the moments anticipating the formation of Brazil's 1988 Constitution, as well as a reflection on the future of Brazilian democracy. It is divided into four parts. Part I recounts the historical circumstances prior to the convening of the Constituent Assembly, which led to the 1988 Constitution. Part II analyzes the changes brought about by the new Constitution, especially regarding the three branches of government, as well as the evolutions in Brazilian constitutional theory over the period. Part III evaluates some of the critical moments experienced during its thirty-five years in force. The article concludes with a final note on the challenges that Brazil faces in the near future: the fight against poverty, the emergence of new technologies, and environmental protection. Despite some moments of fright and frustrations, there are good reasons to celebrate the thirty-fifth anniversary of the 1988 Constitution and the consolidation of constitutional democracy in Brazil. Nevertheless, there remains a long journey ahead. Keywords: constitutional history, 35 years of the Brazilian Constitution, constitutional democracy, challenges to democracy, institutional resilience, socio-economic impacts of constitutions. 1 Chief Justice of the Brazilian Supreme Court. Professor of Law at the Rio de Janeiro State University. L.L.M., Yale Law School. S.J.D., Rio de Janeiro State University. Post-doctoral studies as Visiting Scholar at Harvard Law School. Senior Fellow at Harvard Kennedy School. 2 Secretary of Advanced Studies of the Brazilian Supreme Court. Professor of Law at the Rio de Janeiro State University and the University Center of Brasilia. Visiting Researcher at the Max Planck Institute for Comparative Public Law and International Law, and at Harvard Kennedy School. L.L.M. and S.J.D., Rio de Janeiro State University. * The authors are immensely grateful to Victoria Abut for her valuable assistance in the research and the final editing of the English version of the text. 1

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