Brazilian Constitutionalism, 1891-1934: From Negative to Positive Freedom

The aim of this work was to study and analyse the tension between negative freedom and positive freedom in the transition from the Brazilian Constitution of 1891 to the Constitution of 1934; in this way, it identified the points of balance between the two factors and their legal, political, social and cultural consequences. It focussed on the multiple responses given by the institutions and jurists of the time to resolve this tension, primarily with a view to seeking political, legal and social harmony in this period of legal transition. A posteriori, he contextualised the 1891 Constitution historically and came to the understanding that it was the full consolidation of the ideological, political and legal desires of its time, in other words, a finished and perfect work of a Liberal composition for the philosophical and legal responses of Brazilian society in the current period. Finally, by analysing the historical context of the 1934 Constitution and its legal and political foundations, it can be concluded that the 1934 Constitution was indeed effective in resolving the demands for positive freedom at the same time as consolidating negative freedom.