Constitucionalismo abusivo: uma revisão teórica e possível aplicação ao cenário brasileiro

Abstract

This article addresses the phenomenon of abusive constitutionalism as introduced by David Landau (2013), through a descriptive theoretical-bibliographical review, revisiting its definitions and incorporating contributions from other scholars on the subject. Initially, fundamental concepts of abusive constitutionalism are analyzed, based on a review of selected theoretical works, highlighting how the phenomenon manifests as a practice of subversion and erosion of democratic principles and pillars through constitutional mechanisms, as well as how some Brazilian authors have approached the topic. Subsequently, the study presents and exposes potential examples of this phenomenon in Brazil, identified in specialized legal doctrine. Finally, the political, social, and legal implications of these practices are discussed, as well as the challenges and possible alternatives for their mitigation, prevention, and correction, as outlined in the specialized legal literature.