Multicultural character of Brazilian constitutionalism: self-determination of peoples in the 1988 Constitution and the legacy of José Bonifácio
| Autor | Renata Anatólio Loureiro - Danyele da Silva Machado |
| Ocupação do Autor | Master's in law from Universidade Federal de Minas Gerais - Graduate Student from Centro Universitário Newton Paiva |
| Páginas | 1234-1256 |
1234 • XXVI World Congress of Philosophy of Law and Social Philosophy
Multicultural character of
Brazilian constitutionalism
Self-determination of peoples in the 1988
Constitution and the legacy of José Bonifácio
Renata Anatólio Loureiro1
Danyele da Silva Machado2
AbstractAsleepin thedeepest rootsofour countryshistory wendthe ele-
ments needed to understand all that surrounds us today, including in relation
to the legal world. As well accentuates Ricardo Marcelo Fonseca “only if com-
prises theLaw eectivelywhenit connectswith whatpreceded usand what
we have inherited from the past.” 3 Thus, it is never awfully avail ourselves of
the birthplace of Brazilian thought in its most diverse aspects, the intention to
seek the intellection of contemporary Brazil, especially from the standpoint of
political-legal.
The “intense dream” 4 of seeing a country free from shackles oppressors
and colonizers messed with many Brazilians, especially Jose Bonifácio de An-
drada e Silva, who received the nickname Patriarch of Independence and had the
main objective to form an independent nation, sovereign and cohesive after the
decolonization process, based on liberal principles and adhering to the wave of
Western constitutionalism, creating a sense of unity and belonging that would
avoid the breakup of the country and the consequent formation of several small
republics.
The objective of this study is to analyze the legal and political thought
of Brazil in the imperial period from the perspective of Jose Bonifácio, especially
in his character integrationist widely exploited in the construction of the Brazil-
ian State, which had to overcome the barriers imposed by extensive territorial
dimensionandmulticulturalismtothe pointofbeingrequiredtosacriceself
mainly indigenous and black people.
From this integrationist much as multicultural heritage we will draw
1
Master’s in law from Universidade Federal de Minas Gerais
2
Graduate Student from Centro Universitário Newton Paiva
3
FONSECA, Ricardo Marcelo. Introdução Teórica à História do Direito. Curitiba:Ju-
ruá Editora, 2010. p. 6
4
ESTRADA, Joaquim Osório Duque. Hino Nacional Brasileiro
Special Workshop: Cultural Turn and Philosophy of Law and State • 1235
a parallel with the Constitution of 1988, seeking a critical analysis concerning
the development of the idea of self-determination, a breakthrough that still faces
formaland informalmishaps atthe sametime hasgreat inuencein society
andisinuencedbyit
Keyword: Multiculturalism - Self-Determination - Constitution - Imperial José
Bonifacio - 1988 Constitution
Introduction
Analyze and write about the present moment is undoubtedly
reviveand rethinkthe pastreectingthebrandsthateventshaveleft
previoushistoryintheconstructionofsocietyespeciallyintheeldof
politicaland legalthoughtThehistoryof Brazilcurrentisareection
of events that profoundly marked their institutional construction, refer-
ring us back to the image of the Olympic torch that to keep up on, needs
to pass from hand to hand. Experiences beyond the time barrier as an
aronttothelawsofphysicsmakingitreverberateinthepresentOb-
serving the evolution constitutionalist notably Brazil, the main focus of
ourreections weidentied itsgenesis intheimperialperiodatime
whenthenationholdstheirrstindependentstepsandaimstoorganize
a sovereign National State.
It is imperative to observe the Karine Salgado notes that “the
right is the result of human work and therefore built gradually through
theobjecticationofcertainvaluesinagivenhistoricalmoment 5 This
work will be developed addressing the vision of many historians and ju-
rists about the imperial period, analyzing their observations on the main
features of the economic perspective, social, political and anthropologi-
calreectingonthesesituations intheformationofthe constitutional
subject of the National State, mirroring in the work of Jose Bonifacio de
Andrada e Silva.
The unit of the Brazilian state was structured on various aspects
presented in the 1824 Constitution, especially the constitutional monar-
chy, the maintenance of the slavery and the insertion of the moderating
power. The Brazilian Liberalism was based on the Portuguese move-
ment, not only because the wealthier citizens studied on Lisbon land, but
also because the Portuguese Crown moved to the colony Latin, bringing
5
SALGADO, Karine. História, Direito e Razão. In: http://www.conpedi.org.br/manaus/
arquivos/anais/manaus/direito_racion_democ_karine_salgado.pdf. Date:22/07/ 2013.
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