Neoconstitutionalism or paleoconstitucionalism? Notes about the understanding of the contemporary legal phenomenon

Abstract

The expression neoconstitutionalism joined permanently in our legal lexicon as a way to explain the recent changes experienced inBrazil after the advent of the 1988 Constitution. The present study aimed to investigate the significant density of this word and its value in explaining this new legal reality that presents itself in our day. For this, the study conducts an argumentative analysis of two relevant studies on the topic, contrasting the understanding of the authors: “Neoconstitutionalism and the constitutionalization of law. The late triumph of constitutional law inBrazil” by Luis Roberto Barroso and “Neoconstitutionalism and legal moralism” by Dimitri Dimoulis. At the end, it is concluded that, despite the undeniable changes and significant social and political contributions provided by the 1988 Constitution, the phenomenon widely referred to the term "neoconstitutionalism" claims in questionable premises of historical, theoretical and philosophical view, being an overly imprecise expression to explain the contemporary legal reality.