Alteração de políticas econômicas por meio de emenda constitucional: análise da DRU no Brasil

Abstract

The dissertation focuses on the analysis of economic policies change through amendments to the Constitution, especially those dealing with Unbinding of Union Revenue (DRU). Brazil faces one of its greatest institutional crisis since redemocratization and the promulgation of the Federal Constitution of 1988. This search for solutions, turning to the Judiciary and the Constitution, occurs for several factors. A culture of constitutionalisation combined with the analytical and ruling nature of the Constitution, makes it, in addition to a political letter, a social document, in which the most comprehensive socioeconomic themes are established. In the almost thirty years of the fundamental law, ninety-five amendments to its text have already occurred. An amendment rate of 3.3 reforms/year. In the dissertation, a thematic cut will be made on the amendments that impact the economic system, being restricted to those that remodel the DRU. In the first chapter, the research covered an analysis of the original Constituent Power and its unfolding through the reforming powers, also analysing the ruling character of the 1988 Charter. The second chapter dealt with the institutionalization of the economic legal system and the dynamics between economic policies and governance, differentiating government policies from State policy. This study allows the understanding of DRU and how it has been used in crisis management. In the third chapter, the investigation into the constitutional amendments of the DRU was examined further, analysing the Governments which promulgated them and the social context of each constitutional amendment. The work was carried out by indirect investigation, through bibliographic and documentary research, with an exploratory, descriptive, explanatory and propositive way. The approach is qualitative and the method dialectical, as it seeks greater understanding of human actions and relations and an observation of judicial phenomena. The central objective is to understand the constant amendments to the Constitution, especially with regards to the DRU, and its consequences for constitutional normative stability. At the end, it has been concluded that these changes were result of mere government policies, a necessary instrument of governability through political coalitions between the Executive and the Legislative powers