Constitutionalizing umbrella-concepts: peace and conflict in the Brazilian Constitution

Abstract

The incorporation of the concept of peace as an umbrella concept within the Brazilian Constitution has generated conceptual problems. This is demonstrated by attempts to understand the scope and limits of peace and conflict established by the Brazilian Constitution. The purpose of this study is to explore the concepts of peace and conflict, in order to clarify the meanings to which the Constitution refers, and to overcome the umbrella concept. For this, articles 4.6 and 4.7 of the Constitution were analyzed, in light of Galtung's theory of peace and conflict and Brazil's foreign policy from 1988 onwards.