Why Brazil Fails? An analyses on Acemoglu’s and Robinsons’s neo-institutionalist thesis based on critical theory of constitucionalism and public policy

This essay seeks to make a critical and upto- date analysis about the institutional difficulties in Brazil, based on the study performed by Acemoglu and Robinson in their work “Why nations fail” (2012). It seeks to update the neo-institutional theses defended by these two authors, as well as to bring to the debate particularities that were not previously observed with the necessary specificities, notably with regard to public policies and Brazilian critical constitutionalism. In addition to the neo-institutionalist perspective, the study is based on the theoretical references of the Law and Public Policy Approach and the Critical Theory of the Constitution. First, an exercise of contextualizing, systematizing, updating and incremental interpretation of Acemoglu and Robinson's theses and research about the role of institutions in socioeconomic development was carried out. Then, based on these theses, an authentic explanation of the reasons why, with regard to the promotion of social and economic development, Brazil has failed. Finally, the analysis made by Acemoglu and Robinson about the Brazilian institutional situation is criticized (made in the context of 2012) and this analysis is updated. As main results, it is verified the construction of important conclusions between the neoinstitutionalist theory of Acemoglu and Robinson and the contemporary legal theories of critical profile, as well as those aimed at understanding the role of Law as an institution, in the set of constitutional dynamics and state activities (as the Law and Public Policy Approach).