Strategies of constitutional erosion in Brazil

“bolsonarismo” and the deconstitucion by legal and administrative means

Abstract

https://doi.org/10.1590/2179-8966/2022/66510

The process of constitutional erosion happens in several countries around the world and, in many cases, involves changing or creating a new constitution. In Brazil the phenomenon has strengthened under the Bolsonaro government (2019-2022) with the use of the strategies of legislative unilateralism, with the use of infra-constitutional norms; modification of the administrative structure and attacks on the bureaucracy; use of the budget as a form of negotiation and emptying certain areas, curtailment of spaces for civil society participation, and reduction of transparency and capture of control mechanisms. The categorization made in this paper is not exhaustive, and, as observed in recent years, subject to changes resulting from learning about the effectiveness of the measures. Still, it provides an important panorama for understanding and opposing the process of destruction.

Keywords: Constitutional erosion; Authoritarian infralegalism; Erosion strategies.