Reflections on the constituent
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Abstract
Approaching the days of one more National Constituent Assembly, the people will be summoned to elect and shape this most important body. History has shown that a Constituent Assembly is always a landmark in the life of a nation.
This picture in mind, the author's main purpose is to inform his readers about the role and the comprehensiveness of the Constituent Power, as well as to discuss the limitations imposed up-on its exercise.
He presents a historical survey of previous Brazilian experiences in convening General Constituent Assemblies, telling of analogous experiences of other countries, such as Italy, France, Portugal, Spain, URSS and China.
Prof. Horta closes his article with a few considerations on the stability of Constitutions in general, finding out that in worldwide terms the situation has proven to be privilege of a few. As concerns Brazil, instability has been a characteristic feature of the enforcement and permanence of our Constitutions.
The author states his wish that the incoming Constituent Assembly may turn itself into a pacific and fertile estuary, propitiating the establishment of stable institutions, which may contribute to the development of the Brazilian nation and assure the people's welfare.
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