@article{2023:dutra:the_theori,
title = {The Theories of Constituição Dirigente and Transformative Constitutionalism and Their Reception by Brazilian Constitutional Theory: An Approach Based on Critical Comparative Law},
year = {2023},
note = {Two of the most important constitutional theories developed in
contemporary times, transformative constitutionalism and the idea of
“Constituição Dirigente”, significantly impacted the Brazilian
constitutional debate. Both are recurrent objects of reflection and
influence how Brazilian constitutionalists formulate their thinking
regarding their constitution. On the other hand, this evident case of
legal transfer has rarely been analyzed from the perspective of legal
comparison theory. The question this research intends to answer is to
what extent these legal ideas were incorporated, considering the
complexity of integrating foreign legal concepts. Our initial
hypothesis centers on the argument that, despite important exceptions,
most of the Brazilian doctrine received both theories in an
objectified and recontextualized way, leading to an uncritical
reflection and, sometimes, epistemologically colonized doctrine.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {568--586},
author = {Dutra, Deo Campos},
volume = {56},
number = {3}
}