Luiz Guilherme Arcaro Conci
This article aims to construct a workable concept of “constitutional identity” applicable to contemporary Brazilian constitutionalism, a topic largely dormant in the Latin America. The study navigates the complexities of applying a notion developed in the Global North to a distinct Latin American context, marked by a unique historical trajectory and the absence of a strong supranational legal order. The research adopts a dual approach, combining analytical and normative dimensions, to argue that Brazilian constitutional identity is not a static core but a dynamic, dialogical process. It is continuously constructed through the tensions between past and future, consensus and dissent. The article identifies the structural pillars of this identity within the 1988 Federal Constitution, analyzing its Preamble, Fundamental Principles, the extensive catalog of Fundamental Rights and its openness to international law, and the Eternity Clauses. The findings indicate that Brazil’s constitutional identity is anchored in a deliberate break from its authoritarian past and a commitment to a democratic, pluralistic, and socially just future. This identity is defined by the centrality of human dignity, the establishment of a Democratic State under the Rule of Law, the defense of pluralism, the model of a Social State, and a unique dialogical relationship with the Inter-American Human Rights System. These elements form the normative and axiological essence of the Brazilian constitutional project.
