The object is Brazilian constitutionalism. To do so, a historical approach was made, raising the possible origin, the foreign influences of the United States of America and Europe, as well as future prospects. The debate revolves around the role of Common Law in Civil Law, due to the expansion of the American system and globalization. The importation of institutes, the uncertainty of their applications and cultural differences reflect consequences in Brazil, as it happens in the so-called Judicial Activism. Thus, the problem involves the difficulties of the Judiciary in turning to social and political interests, without violating the constitutional precepts. The paper does not propose to exhaust the theme, neither present a definitive solution to this complex scenario. Finally, the research was documentary and bibliographical, resorting in time to the projection of possible destinations, perhaps a proposal of rupture, if related to the New Latin American Constitutionalism.