Democracy, power and nomos: a new look upon the institutional model of the Brazilian Constitution, from Carl Schmitt conceptual apparatus

• Grant number: 11/01076-5
• Support type: Scholarships in Brazil - Master
• Effective date (Start): August 01, 2011
• Effective date (End): July 31, 2012
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal researcher: José Levi Mello do Amaral Júnior
• Grantee: Telma Rocha Lisowski
• Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The theme of this project is the analysis of the functioning of democracy in the institutional model of the Brazilian Constitution of 1988, through the study of the concepts of democracy and nomos in the thought of Carl Schmitt. At first, the concept of radical democracy formulated by Schmitt, the historical background of such a formulation and the institutional model derived from this theory will be explained. Along this initial exposition, the author's incisive critique of political liberalism and legal normativismo will be perceived. Then we shall consider the shift in the author's thinking occurred after the failure of the Weimar Republic and it will be studied, then, the notion that served as a guide for much of his work later to the year 1933, namely, the concept of nomos. From the development of this concept, it will be questioned of the possibility to adapt the schmittian model of democracy, discussed above, with his new way of thinking the Law, based on the notions of concrete order and nomos. Finally, based on the results achieved in the first and second part of this work, we will study the functioning of some key institutions of democratic structure in Brazil, in order to verify to what extent they actually carry out democracy as well as to observe what is their role in the control of power. Thus, as a conclusion of this study, it is intended to demonstrate the operability of the conceptual apparatus provided by the legal and political theories of Carl Schmitt in understanding the institutional model of the Federative Republic of Brazil. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

LISOWSKI, Telma Rocha. The constituent power between continuity and rupture: limits, tradition and transformation.. 2013. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.