ABUSIVE CONSTITUTIONALISM AND DAVID LANDAU’S THOUGHT

Abstract

Through this article, the study of the Abusive Constitutionalism Theory was presented, starting from the initial concept coined by Professor David Landau from Florida State University in the United States of America, in order to point out the crisis that democracy is facing nowadays. The purpose of this article was to expose and discuss the Theory of Abusive Constitutionalism, given the probability of decay of democracy. The method of research was bibliographical and explanatory, as it is based on Landau's works and his theoretical references, especially Ziblatt and Levitsky; as well as the research method was deductive and the chosen approach was qualitative. As a result of this article, it was found that democracy is in a new way of decay, which is: from the inside out, where democracy is attacked by constitutional mechanisms, as is the case of constitutional amendments that aim to undermine the performance of inspection bodies, increase the composition of Superior Courts and centralize political power. Finally, the conclusion of this research is that democracy is suffering blows through mechanisms of formal-constitutional changes, resulting in a gradual erosion of the democratic regime, thus demonstrating that Landau's theory is relevant and expresses a worldview consistent with current political and legal events.