Um processo de desmistificação: compreendendo criticamente o constitucionalismo estadunidense

Abstract

The article, opposing itself to the traditional scientific production about the theme, aims at presenting a critical reading of United States constitutionalism. Without completely withdraw its importance for Comparative Constitutional Law, it targets, however, to confirm the hypothesis that this constitutionalism has, besides its democratic record, also an authoritarian one, essentially centered in keeping a property, racist and slavish regime. Far from “American exceptionalism”, what is plausible to verify is a model in which institutional advancements are the whole time in tension with fundamental rights and democracy restrictions. The methodology applied recurs to critical approach to traditional theoretical references, adding an institutional analyses and judicial precedents checking that formed the constitutional practice of that country.