Abstract
This article investigates continuities and ruptures between the constituent processes of 1823 and 1824. Certain historiographical branches regard the dissolution of the Constituent Assembly as the manifestation of imperial authority against a liberal Assembly. In this perspective, Brazil would have lost the opportunity to birth itself with a liberal pact as the basis for the relationship between government and society. However, the hegemonic discourse in the Assembly suggests a predisposition to institute the Moderating Power and make constitutional guarantees more flexible. This was the price to be paid to maintain order and escape the dangers of anarchy. The Constituent’s political-philosophical inspiration was no different from that of the future Constitution imposed by D. Pedro I: a romantic liberalism with restorative traits. In conclusion, the similarities between the constitution project of the dissolved Assembly and the Constitution of the Empire outweigh the divergences.
Keywords:
Legal History; Constitution of 1824; Constituent Assembly of 1823; Empire of Brazil; Moderating Power; Constituent Power