The influence of the 1988 Constitution on the recent institutional formation of the Amazon region

Abstract

This article analyzes how the 1988 Brazilian Constitution has influenced the recent institutional pathway of the Legal Amazon. Douglass North's theoretical contributions are important for a better understanding of how formal and informal institutions can favor or inhibit development. Likewise, its lessons make it possible to identify common characteristics among underdeveloped nations and regions, based on the definition of Limited Access Orders (LAOs) and Open Access Orders (OAOs). Furthermore, opinions from other scholars such as Amartya Sen and Celso Furtado corroborate the idea that the concept of development is not limited to economic progress, it is also necessary to take into account the most basic needs of the population and provide an environment in which society is guided for values ​​such as social inclusion, solidarity, mutual cooperation and participatory citizenship. Furthermore, development must be seen as a right, which can even be exercised collectively by the inhabitants of certain regions. Brazil has experienced the diffusion of neoconstitutionalist precepts since 1988, which has allowed a new approach to Law prominently related to the effectiveness of constitutional norms. However, the Brazilian Constitution has not been successful in reducing inequalities between the Legal Amazon and other regions of Brazil. Therefore, coordinated action involving all federal entities is necessary. But a reaction in favor of constitutional effectiveness is also necessary, including the incorporation of a culture of development on the part of Amazonians and their own efforts, through the effective use of constitutional mechanisms already available.