Constitutionalism and “tupiniquim” reasoning: an interdisciplinary overview of the problems for a Brazilian Constitutional Theory

Abstract This article aims to establish an intertextual dialogue between the constitutionalism doctrine and the work “Critique to Brazilian Reasoning” (Crítica à Razão Tupiniquim) published by Roberto Gomes. The study is based on bibliographical research including the mentioned author’s work and also other constitutional law doctrines. The aspects of the points identified by the Brazilian author within the field of philosophy in Brazil are transposed to analyze process to draw up the Brazilian constitution in 1987 and the current Brazilian constitutional jurisdiction. In this article, it was observed that the historical-cultural influence can still be noticed in the Brazilian legal system, as is also a sociologic reasoning for the excessive requirements from the judiciary branch and the challenges that the Brazilian constitutionalism faces.