Governo Bolsonaro: exemplo de constitucionalismo abusivo?

Abstract

Abusive constitutionalism or autocratic legalism is the instrumentalization of legal mechanisms to weaken and erode the structures of democratic regimes. It can occur through normative changes so that there is more concentration of power in a single pillar and, in turn, suffocation of the other institutions that play an important role in the system of checks and balances. The aim of this paper is to verify whether the Bolsonaro government has acted strategically to implement autocratization under the veneer of legality, i.e. whether it has abused legal measures to implement authoritarianism. To this end, a qualitative methodology was used to carry out both bibliographical and empirical research, whose documentary source was the most widely circulated mainstream newspaper in Brazil, Folha de S. Paulo (all the articles published on the front page of the newspaper in the first ten days of each month during Jair Bolsonaro's term in office, whose headline mentioned any of the search terms used - decree, provisional measure, law, PEC). As a result, 62 articles were found. The analysis of the material collected revealed the presence of the essential elements of the concept of abusive constitutionalism throughout Bolsonaro's presidential term (attempts to suppress judicial independence, weaken fundamental rights and interfere in democratic institutions). Based on the results achieved, it is concluded that the practice of abusive constitutionalism has been proven during Jair Bolsonaro's administration from 2019 to 2022 in Brazil.