The importance of CF88

To say that the 1988 Constitution has failed is a mistake that ignores the context of attacks it has suffered and the fragile support we still have to defend fundamental rights. This discourse disregards the social and democratic achievements that the Magna Carta brought after decades of authoritarianism and repression in Brazil. It's not that the Constitution has failed; it's that the guarantees of rights enshrined in it continue to be dismantled, piece by piece.

The 88 Constitution consolidated essential rights, such as public health and education, labor rights, freedom of expression, and broad social rights. It gave voice to historically marginalized groups, such as women, Black people, Indigenous people, and the LGBTQIA+ community. Claiming that this Constitution has failed ignores the fact that the rights it guaranteed are constantly threatened by reform attempts aimed at reducing social protection and increasing economic privileges for a few.

Proposed Constitutional Amendment 32, for example, which attempts to dismantle the public service in the name of "efficiency," is a direct attack on the idea of ​​the State as a guarantor of social rights. The 2017 labor reform, which dismantled historical guarantees, and the pension reform, which made access to retirement more difficult, are examples of how the rights guaranteed by the 88 Constitution are under attack. It was not the Constitution that failed, but rather a national project that sees the guarantee of rights as an obstacle to the reorganization of power relations.

Furthermore, attempts to soften the definition of slave labor, weakening inspections and altering the definition of degrading conditions, are a direct attack on Article 149 of the Constitution. The withdrawal of investments in public health, with Constitutional Amendment 95, which freezes social spending for 20 years, violates the right to universal healthcare guaranteed by Article 196. And the constant attempts to dismantle environmental protection policies, which endanger indigenous and quilombola lands, violate Articles 231 and 232, weakening the protection of native peoples.

When people say that the 88 Constitution is useless, they are actually ignoring the importance of a social pact that protects the most vulnerable. Criticism of the Constitution is not just rhetoric: it's a national project. It's an attempt to weaken the democratic foundations to pave the way for an exclusionary model that concentrates wealth.

Of course, a constitutional revision would be welcome if the circumstances were different. The 1988 Constitution is not untouchable and, like any human creation, can and should be improved to keep pace with societal changes. However, revising it in the current context of attacks on fundamental rights would be a great risk of regression. Building a new context that allows for a democratic and progressive debate on constitutional reform is an obligation of the left. But this doesn't happen by magic or simple political will. It requires organization, popular mobilization, and the construction of a national project that places the people and their rights at the center of decision-making.

The 88 Constitution remains the last refuge against setbacks. It protects fundamental rights and guarantees a minimum of dignity for the most vulnerable. If it seems insufficient, it is because the attacks are profound and relentless, not because it has ceased to be relevant.

The fight is to defend it, not to discard it. Without it, barbarism is the only certainty.

Let's remember: defending the 1988 Constitution is defending the Brazilian people and democracy.