will not participate in the 14th edition of the Lisbon Forum, . In an article published on the Jota website, the judge explained that he suffered a domestic accident that will prevent him from participating in the event, between the 1st and 3rd of June, in Portugal.
“After a small domestic accident, I did not obtain medical authorization for a long flight to Lisbon, in order to participate in another edition of the always successful Forum, coordinated by my colleague and friend Gilmar Mendes”, he explained.
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The annual meeting brings together academics, managers, specialists, authorities and representatives of organized civil society in Brazil and aims to discuss challenges imposed by technological transformation on political, cultural and economic structures on the global stage.
Dino would participate in a panel on “Transformative Constitutionalism: a New Concept in Comparative Perspective”. In the article published in Jota, the minister summarized in four points what he would present at the event.
- Transformative constitutionalism presupposes a Constitution that, in addition to containing power, directs its exercise, imposing on the State — including the Judiciary — concrete duties. Transformative constitutionalism has different designs in each historical context.
- Transformative constitutionalism implies the transformation of “ends” (expansion of the catalog of rights) and “means” (mechanisms for promoting and defending rights). It is not enough for Constitutions to affirm fundamental rights; it is necessary to redefine institutional guardianship mechanisms. In this context, the adoption, within the scope of the Judiciary, of “structural measures” is especially relevant.
- In a transformative constitutionalism, the Constitutional Courts must act, simultaneously, as agents for implementing the constitutional project and as institutional barriers against setbacks and transformations incompatible with the constitutional order. In Brazil, the STF is a vector of transformation; sometimes it is a shield against transformations.
- Transformative constitutionalism, in the 21st century, requires submitting technological and algorithmic power to the limits of the democratic Constitution.
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According to Dino, the theses presented are contributions to the debate about where we can and should position ourselves, within the framework of the Federal Constitution, faithful to its purposes and limited to the means that belong to the Law.
“I consider that the practice of structural processes, the most relevant of which were mentioned in this text, has provided innovations and legal certainty in fair proportion, realizing transformative constitutionalism”, he concludes.
