On uncostitutionality of the kamikaze PEC

constitutional and electoral aspects

Abstract

This article deals with the unconstitutionality of the Constitutional Amendment Project 1/2022, approved as Constitutional Amendment 123, where it creates a State of Emergency that disrespects the understanding of the Constitution and jurisprudence, distributes billions of reais in aid and benefits to various social groups, disobeying the spending ceiling and the parity of arms of the candidates,  in addition to not complying with the electoral precedent. It also seeks to highlight the processing of the PEC, which occurred in a lightning way, undermining the constitutional text when it instructs about the vote on a PEC by the legislature. Finally, it reflects on the conservation of constitutional institutes and rites and the dangers of Brazilian demagogue populism.