A ascensão de governos iliberais : constitucionalismo abusivo e o legalismo autocrático no contexto do neoconstitucionalismo

Abstract

The end of the World War II brought numerous changes, whether social, economic, or political. Among them, the change in the constitutional paradigm stands out with the emergence of the neoconstitutionalism, a movement marked by the centralization of the Constitution in legal systems, which began to assume a normative role and no longer just a political one. As a result, the role of the Supreme Courts was expanded, and they began to act in the realization of fundamental rights and in the analysis of the constitutionality of laws and constitutional amendments. Thus, in this scenario, new agents with authoritarian tendencies emerge, who use legal and constitutional instruments as a means of consolidating their power, co-opting control institutions and increasing the power of the Executive to the detriment of the other powers. Thus, this paper aims to study the phenomenon of abusive constitutionalism and autocratic legalism, as well as their relationship with neoconstitutionalism. Finally, militant democracy and the doctrine of unconstitutional constitutional amendments were analyzed as means of addressing these new threats to democracy. It was concluded that although these means of defending democracy are important, further studies are needed to create more concrete solutions to the threats posed by hybrid regimes.