LATIN AMERICAN AND BRAZILIAN CONSTITUTIONALISM: THE RIGHTS OF THE TRADITIONAL PEOPLES

Abstract

This article presents the XXI’s constitutionalism as the doctrine of the constitutional law hich supposes to be a theoretical framework able to assure the interpretation of the political and social processes from which political constitutions emerge. Thus, the 88’s Brazilian Constitution proceeded to the recognition of the fundamental rights and norms regarding theprotection of minority rights. The purpose of this work is to investigate if this supposed innovative characteristic of the 88’s Brazilian Constitution is able or not to set historicalconstitutionalism as the continuity or maintenance of the conservative processes of the politicaland social status quo in the country. This article intends to discuss the nature of constitutional changes and the impacts of these changes on the development of constitutionalism in Brazil by analyzing the extent to which political, social, and cultural latin-american processes influenced changes in Brazilian constitutionalism.