THE CONSTITUTIONAL CUSTOM IN IMPERIAL BRAZIL:IS IT AN ELEMENT FOR CONSTRUCTING THE RULE OF LAW?

The status of custom in the regime of sources of law has undergone substantial variation, with the formation of the modern State and the affirmation of the monist claim in the context of continental European States and Civil Law. Considering the Brazilian legal context, the question arises whether custom as a source of imperial Brazilian constitutional law contributed to the construction of legal security and the rule of law. The analysis focuses on the second reign through the exercise of competencies attributed to the moderating branch. Using a historical perspective based on the analysis of empirical sources, results that constitutional interpretation and custom regarding the competencies of the moderating branch during the second reign strengthened the construction of the rule of law.