Laboratório da Constituinte: a Comissão Arinos na transição política brasileira (1985-1986)

• Autor(a) principal: Gonçalves, Mônica de Moraes Lopes
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/8511
• topic: Constituent Assembly; 1988 Constituent; Arinos Commission; Assembleia Constituinte; Constituição de 1988; Comissão Arinos; Assembléias constituintes Brasil; CNPQ::CIENCIAS HUMANAS::SOCIOLOGIA

Between 1985 and 1986, a Provisional Commission for Constitutional Studies (Comissão Provisória de Estudos Constitucionais CPEC) was held in Brazil, which was better known as the Arinos Commission. It was created from a decree of the Presidency of the Republic to give subsidies to the work of the future National Constituent Assembly (Assembleia Nacional Constituinte ANC), to be installed in the year 1987. This Commission has been treated by the broad bibliography on the constituent process as an isolated event, without much importance, as only a failed attempt to promote a constituent with a bill commissioned by the Federal Government. However, an analysis of the records of the Commission's work, combined with the statements of the members and the news of the time, makes it possible to identify the relevance of this committee in the unfolding of the 1987-88 constituent process. This paper intends to explore the evidence that there was an important contribution of the Arinos Commission to the Brazilian constitutional order. Bibliographical evidence and testimonies indicate that the Arinos Commission would have functioned as a sort of laboratory of the ANC, with a kind of anticipation of the problems that would mobilize the constituents of 1988. In addition, relevant parts of the Arinos Preliminary Draft were taken up in the ANC of 1987-1988. Thus, the comparison between the texts illustrates how much the Federal Constitution of 1988 owes to the work carried out by the Arinos Commission. The existence of this "laboratory" of constitutional construction was much more important than is usually supposed. Despite being criticized initially for having an elitist character, the "Commission of Notables", as it came to be called pejoratively, ended up opening an important space for the various actors in dispute for the influence on the construction of the constitutional text. Thus, the Federal Constitution of 1988 is a tributary of the work carried out in the Arinos Commission not only because of the textual similarities, but also because the latter meant a test of some of the political clashes that marked the constituent process, which resulted in the construction of a constitutional text acknowledged progressive with regard to social rights.