Brazilian Public Law Reactions to the Conservative Wave: reaffirming constitutional values

Consubstantiating the conservative world wave (Huntington, 1991), in the wake of left wing President Dilma’s impeachment, in 2016, the rise to power of the right wing set the course to changes in public law that threaten hard earned democratic and liberal values. In Brazil, new legislation and court’s interpretations portray the conservative values penetrating society. This paper suggests public law in Brazil, on the other hand, show reactions to this wave, reaffirming constitutional principles related to human rights and human dignity. This study analyzes two relevant aspects of Brazilian public law: 1) the 2015 Civil Procedure Code, based on constitutional principles and guaranties (Câmara, 2016); 2) the Supreme Court’s counter-majoritarian performance in cases where it reaffirms human dignity by preserving constitutional individual rights (Barroso, 2012, 2015). As a result, it is suggested Brazilian public law has been reacting to conservative ideas, reaffirming the constitution.