Análise da Constituição do Estado novo brasileiro a partir da ideia de constitucionalismo antiliberal de Carl Schmitt

Abstract

The article aims to verify conceptual and argumentative similarities between Carl Schmitt's anti-liberal political theory and the Brazilian populism of the Estado Novo. We will try to investigate, first, the political and constitutional concepts as well as Schmitt's anti-liberal solutions to the temporal cycle of problems of liberal democracy. For this endeavor, two works by Carl Schmitt published during the Weimar Republic are taken as reference, “The Concept of the Politician” and “The Theory of the Constitution”, which defines the concept of politician, constitution, substantial democracy, mass society and the concept of political charismatic myth of the figure of the leader who mobilizes it to build national political unity. Based on these concepts, the thinking of Francisco Campos, the main author of the Brazilian Constitution of 1937 and known as the jurist of the Estado Novo, will be analyzed, in an attempt to demonstrate a convergence of concerns and similarities of ideas about a democratic state of law. The first part of the research was carried out using the hypothetical deductive method, with a survey of Schmitt's bibliography, while the second part consists of the identification of concepts worked by the German jurist in a similar way in the justification constructed by Campos, directly in the text of the Constitution of 1937.