ADI 6595

the constitucional text as a tool to contain populism by the Brazilian Supreme Federal Court

Abstract

This article aims to indicate the edition of Law 13.967/2013 as an expression of populism in Brazil and the role of the Constitutional Text as a tool available to the Brazilian Federal Supreme Court in its containment. It will establish a common premise according to which the political and social phenomenon called populism has commons characteristics in its expressions in the different countries where it emerged. This paper also intends to indicate that, although there are a lot in common in the populist experiences around the world, there are peculiarities in the brazilian case, as said about the Law 13.697/2019, that can be considered as an expression of the practice of abusive constitutionalism. The paper will identify how the form and content of the Constitutional Text may be managed by the Brazilian Supreme Court against populist advances.