The constituent power and transitional justice in Brazil

Abstract

This article discusses two major fundamental theoretical issues in the formation of the modern state that are intertwined. The production of new constitutions, the change of the rule of recognition that allows the entry of statutes in the legal system as well as the question regarding the transitional justice, concrete policy actions that have to be taken in relation to previous political regimes and their political actors.

Keywords

• Poder constituinte
• Justiça de transição
• Democracia