@article{2023:gomes:bridging_p,
title = {Bridging Past and Future: Transformative Constitutionalism and Directive Constitutions Amidst Authoritarian Challenges},
year = {2023},
note = {This article examines the intricate interplay between Transformative
Constitutionalism, Directive Constitutions, and the erosion of
constitutional values amid incremental authoritarian challenges, using
Brazil as a case study. It explores a scenario in which a
constitution, initially designed for progressive change, transforms
into a shield against retrogression, challenging the conventional
definition of Transformative Constitutionalism and Directive
Constitutions as forward-oriented models of constitutionalism and
constitutions. Focusing on the right to health within Brazil's 1988
Constitution, celebrated as a transformative cornerstone of the
constitutional project, the study scrutinizes its trajectory under
democratic periods and recent challenges from Jair Bolsonaro's
presidency and the COVID-19 pandemic. The case study illustrates how
an incremental transformative process faces setbacks, risking becoming
a relic of the past. However, it can adapt by being mobilized as a
preservative force, actively countering anti-rights initiatives. In
these circumstances, it transforms into a resilient entity dedicated
to safeguarding the principles it was originally designed to uphold.
The study underscores the dynamic nature of constitutional projects
and their potential for mobilization with reversed meanings,
emphasizing the need for a nuanced understanding of the temporal axis
in transformative constitutionalism and directive constitutions.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {587--601},
author = {Gomes, Juliana Cesario Alvim},
volume = {56},
number = {3}
}