O Que É Constituição Cesarista? (Com Exemplos)

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FGV (2019):

QUESTÃO CERTA: Após um golpe de Estado, o líder do movimento armado vitorioso solicitou que uma comissão de apoiadores, sob sua orientação, elaborasse um projeto de Constituição, o qual foi submetido a plebiscito popular, sendo, ao final, aprovado e publicado com força normativa. Essa Constituição dispôs que parte de suas normas exigiria a observância de um processo legislativo mais rigoroso para a sua alteração, com quórum qualificado para a iniciativa e a aprovação, enquanto a outra parte poderia ser alterada conforme o processo legislativo da lei ordinária. Essa Constituição deve ser classificada como: cesarista e semirrígida.

As Constituições cesaristas são impostas, mas submetidas a um referendo popular.

As Constituições semirrígidas possuem duas partes bem definidas. A primeira pode ser alterada pelo mesmo processo legislativo de elaboração das leis. A segunda depende de um processo legislativo mais dificultoso para a sua alteração.

 Fonte: Estratégia.

CEBRASPE (2013):

QUESTÃO ERRADA: Quanto à origem, a chamada constituição cesarista independe de ratificação popular por referendo.

ERRADO. Muito pelo contrário, Constituição Cesarista é uma espécie de Constituição formulada sem participação popular, mas que deve ser submetida a um referendo para ganhar vigência.

CEBRASPE (2013):

QUESTÃO ERRADA: Denomina-se Constituição cesarista a Constituição outorgada submetida a plebiscito ou referendo.

É a constituição em que a participação popular restringe-se a ratificar a vontade do detentor do poder.

Nas palavras do Professor Marcelo Novelino: “As constituições outorgadas submetidas a plebiscito ou referendo na tentativa de aparentarem legitimidade são denominadas de constituições cesaristas .”

CEBRASPE (2017):

QUESTÃO ERRADA: De acordo com a teoria constitucional majoritária, a constituição é classificada como: cesarista, se promulgada sem nenhuma submissão à ratificação popular.

Não é propriamente outorgada, mas tampouco é democrática, ainda que criada com participação popular. – José Afonso da Silva. ERRADA.

FGV (2018):

QUESTÃO CERTA: O grupo que tomou o poder, após um golpe de estado, constituiu uma comissão de notáveis para elaborar um projeto de Constituição, o qual foi submetido à apreciação popular, tendo a população liberdade para escolher entre as opções sim e não. Com a aprovação popular, a nova Constituição entrou em vigor com a edição de decreto da junta de governo. Para facilitar a atualização do texto constitucional, foi previsto que parte de suas normas poderia ser alterada com observância do processo legislativo regular, enquanto a alteração das normas restantes exigiria um processo legislativo qualificado. A Constituição, além disso, buscou encampar distintas concepções ideológicas, como a livre iniciativa e a função social da propriedade. A Constituição acima descrita pode ser classificada como: cesarista, semirrígida e compromissória.

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CEBRASPE (2017):

QUESTÃO CERTA: Acerca da Constituição classificada, quanto à origem, como cesarista, é correto afirmar que: é formada por meio de plebiscito popular sobre um projeto já elaborado.

FGV (2023):

QUESTÃO CERTA: Após um processo revolucionário, o poder político no âmbito do País Alfa foi assumido por certo grupo armado. Em razão do total rompimento com a organização política então adotada, foi elaborado um novo texto constitucional por esse grupo, com ulterior submissão à população do País Alfa, que somente tinha a opção de aprová-lo ou rejeitá-lo. Esse texto, ademais, foi estruturado de modo a tão somente chancelar os objetivos do grupo político, assegurando a sua continuidade no poder, não se destinando propriamente à disciplina normativa dos institutos constitucionais. Com a aprovação do texto pela população, o líder do grupo armado, após ressaltar o seu compromisso com os “valores da revolução”, editou um ato estabelecendo a sua vigência e tornando-o imperativo como Constituição do País Alfa. Essa Constituição deve ser classificada como: cesarista e semântica.

Cesarista: é a feita pelo governante, mas submetida à apreciação do povo mediante referendo.

Semântica: é a Constituição cujas normas foram elaboradas para a legitimação de práticas autoritárias de poder; geralmente decorem da usurpação do Poder Constituinte do povo.

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