Oscar Vilhena, Dean and professor of Constitutional Law at FGV’s Sao Paulo Law School (Direito SP), launched the book “A batalha dos poderes” [Battle for power], published by Companhia das Letras, on December 5. The work is part of the “Encontros Folha & Companhia” edition, with participation from political scientist Maria Hermínia Tavares de Almeida, a researcher from the Brazilian Center of Analysis and Planning (CEBRAP), and mediation by journalist Vinicius Mota.

Almeida pointed out that the Constitution closes the book on an extended period of political transition in Brazil. “It didn’t just shape a consensus of rules for organizing the democratic game and guarantee freedoms, but it was also important for redeeming the debt to society. The Constitution contains a series of provisions that constitute a social protection system, nestled into a development program. This character of the Constitution is described very well in the book”, said the professor.

For the expert, the fact that the Constitution is programmatic means that its content is being constantly discussed. “And the book’s underlying question is to what extent is it possible to change the Constitution without destroying its character”.

According to Vilhena, the ambition and length of the Constitution led to a prominence of the Federal Supreme Court over the past few decades. However, the crisis that started in 2013 also affected the credibility of the court. “The Supreme Court should lose power going forward and the role of the moderator power that it would exercise will be shared with the Armed Forces. This is the power to have the last say in times of crisis”, he said.

The book analyzes the constitutional discomfort that began in 2013, when a series of demonstrations revealed the weaknesses of a political system that seemed consolidated. The disputes have become more polarized, and society more intolerant and conflicting. Politics and the law are increasingly being used as weapons to weaken opponents. On the one hand, there was a clash between coalition presidentialism, which degenerated over time, and law enforcement institutions, which became more autonomous and ambitious. On the other hand, fundamental rights and a whole set of public policies, which had been inducing many positive transformations in Brazilian society in recent decades, were suddenly threatened by a severe recession and a growing lack of fiscal control, largely linked to the expansion of privileges of a regressive nature.

A careful observer of the constitutionalization process of the Brazilian political scenario and a lucid critic of what he calls Supremocracy, Vilhena points to the key role of the Constitution in enabling the democratic game and to the need for the various sectors of Brazilian society, as well as the main political and institutional leaderships, to coordinate their conflicts based on constitutional rules.

Go to the website for more information on the book.