The Barroso formula and the fragile foundations of the Brazilian (neo) constitutionalism

Abstract

The article intends to go through the conceptual foundations of Brazilian neoconstitutionalism based on the writings of constitutionalist Luis Roberto Barroso. In this way, it is possible to verify a fragile conceptual support of this current based on an error in the reading of the German legal tradition. To justify this assertion, the writings of the new German school of civil law, the history of law and especially the writings of Michael Stolleis on the subject are used. In closing, the consequences of this false starting point for the division of powers and the consolidation of democracy in the rule of law are pointed out.