Saída, voz e lealdade no pacto de 1988: a espiral das retóricas na falência constitucional brasileira

Abstract

This undergraduate thesis seeks to analyze the possibility of a new Constituent Assembly for Brazil, in order to identify proposals and arguments for or against an alternative to the constitutional pact of 1988. From the concepts of Albert O. Hirschman, present in the work “Exit, Voice and Loyalty: responses to decline in firms, organizations and states”, we wanted to think about causes that answer the question: “why a new Constitution for Brazil?”. Thus, first, based on Pierre Bourdieu's theory of fields, Bruce Ackerman's proposition of 2020 was highlighted, according to which there should be a Constituent Assembly in Brazil in 2023. To this end, an attempt was made to map the positions taken in the Brazilian legal-political field regarding the constitutional alternative. Then, historically, the relations between the Fall of the Berlin Wall, the rise of neoliberalism and the end of the New Republic with the teleology of the Citizen Constitution were approached. Still among the causes of the deterioration of the Brazilian constitutional experience, we wanted to delve into the phenomenon of juristocracy. Finally, it concludes by resuming the clash between the legal political imagination with the notions of “closing the possibilities”, in Pierre Bourdieu, and “false necessity”, in Roberto Mangabeira Unger, to defend, then, with Marcelo Neves, the urgency of recognizing a Brazilian constitutional habitus as a symbol of loyalty to the 1988 pact.