364
C. L. Strapazzon and C. B. Wandscheer
designed one of the most iconic landscape of the Latin American underdevelopment.
It is for that very reason that Constitutional Assembly enshrined development as a
special matter of the Constitution that entered into force in 1988. Development was
supposed to be a key word of the new democracy grammar.
Therefore, the word development has appeared nothing less than 53 times in
such Constitution. For instance, taking the early part of the Charter which covers
fundamental matters (Title I and II), one might see development as a fundamental
goal of the Republic. Upon Title I, where fundamental principles are set forth (Art. 3o,
II), national development is an end for all unities of the Federation, as it is for society
as a whole. Notwithstanding, development was put together with three other goals in
such Article, all of them equally named as fundamental goals by the Charter. Here
are them: 1. Edificating a free, fair and supportive society; 2. Eradicating poverty and
marginalization together with lowering social and regional inequality; 3. Promoting
well being for all, without prejudice or any sort of discrimination. Thus, they are there
toward complementing the sense of the broad word development. Such goals are truly
res publican values, not merely governments goals. In turn, upon Title II is dedicated
to a special group of Constitutional rights, called fundamental rights. Over there, the
word development appears twice. Firstly, somehow as a vector arrow to intellectual
and industrial property rights, since national development is the constitutional reason
toward protecting such rights. Soon after, references to development are made within
the context of small familiar farms, as to indicating special concerns with farm
families as well as rural labour. It is also worth noting that Brazilian Charter has
stipulated national development as a purpose for social and economic policies.
1
Although several provisions encompass general rules
2 and some stipulate partial
content of such policies,
3 which is supposed to guide policies of all Federation bodies,
there is the Art. 174 § 1, which imposes drafting a particular law so as to establish the
guidelines and bases for the planning of a balanced national development. Therefore,
laws must complete the meaning of constitutional words and harmonise national with
regional development plans.
In a nutshell, Brazilian Constitution was written with the purpose of providing a
legal framework to national development. Such concernings were at once the as highest as possible political answer to criticism against the underdevelopment scenario
as well as an approximation to international new approaches upon development.
Taking for granted that the Charter does not adopt any particular development
approach, on one hand it is fair to state it refuses the narrow sense of development as
pure economic growth (Wolfe 2000, p. 726), on the other, it is quite clear that it is concordant with several partial elements of the UN sustainable and human development
1 See Art. 21, IX.
2 E.g. Art. 23 § un;.
3 See Art. 21, XX, Art. 182 (urban development); Art. 180 (tourism as a source of development); Art.
35, III, e; Art. 167, IV, Art. 212, Art. 214, Art. 216-A, Art. 60-ADCT (development of education,
health and cultural systems); Art. 174 § 1°, Art. 43, Art. 151, I, Art. 159, I, c; Art. 34 § 11ADCT (regional development); Art. 218; Art. 219-A (development of science); Art. 219 (domestic
market as a mean of development); Art. 239 (economic development; National Bank for Social and
Economic Development).
C. L. Strapazzon and C. B. Wandscheer
designed one of the most iconic landscape of the Latin American underdevelopment.
It is for that very reason that Constitutional Assembly enshrined development as a
special matter of the Constitution that entered into force in 1988. Development was
supposed to be a key word of the new democracy grammar.
Therefore, the word development has appeared nothing less than 53 times in
such Constitution. For instance, taking the early part of the Charter which covers
fundamental matters (Title I and II), one might see development as a fundamental
goal of the Republic. Upon Title I, where fundamental principles are set forth (Art. 3o,
II), national development is an end for all unities of the Federation, as it is for society
as a whole. Notwithstanding, development was put together with three other goals in
such Article, all of them equally named as fundamental goals by the Charter. Here
are them: 1. Edificating a free, fair and supportive society; 2. Eradicating poverty and
marginalization together with lowering social and regional inequality; 3. Promoting
well being for all, without prejudice or any sort of discrimination. Thus, they are there
toward complementing the sense of the broad word development. Such goals are truly
res publican values, not merely governments goals. In turn, upon Title II is dedicated
to a special group of Constitutional rights, called fundamental rights. Over there, the
word development appears twice. Firstly, somehow as a vector arrow to intellectual
and industrial property rights, since national development is the constitutional reason
toward protecting such rights. Soon after, references to development are made within
the context of small familiar farms, as to indicating special concerns with farm
families as well as rural labour. It is also worth noting that Brazilian Charter has
stipulated national development as a purpose for social and economic policies.
1
Although several provisions encompass general rules
2 and some stipulate partial
content of such policies,
3 which is supposed to guide policies of all Federation bodies,
there is the Art. 174 § 1, which imposes drafting a particular law so as to establish the
guidelines and bases for the planning of a balanced national development. Therefore,
laws must complete the meaning of constitutional words and harmonise national with
regional development plans.
In a nutshell, Brazilian Constitution was written with the purpose of providing a
legal framework to national development. Such concernings were at once the as highest as possible political answer to criticism against the underdevelopment scenario
as well as an approximation to international new approaches upon development.
Taking for granted that the Charter does not adopt any particular development
approach, on one hand it is fair to state it refuses the narrow sense of development as
pure economic growth (Wolfe 2000, p. 726), on the other, it is quite clear that it is concordant with several partial elements of the UN sustainable and human development
1 See Art. 21, IX.
2 E.g. Art. 23 § un;.
3 See Art. 21, XX, Art. 182 (urban development); Art. 180 (tourism as a source of development); Art.
35, III, e; Art. 167, IV, Art. 212, Art. 214, Art. 216-A, Art. 60-ADCT (development of education,
health and cultural systems); Art. 174 § 1°, Art. 43, Art. 151, I, Art. 159, I, c; Art. 34 § 11ADCT (regional development); Art. 218; Art. 219-A (development of science); Art. 219 (domestic
market as a mean of development); Art. 239 (economic development; National Bank for Social and
Economic Development).