Abstract
The National Constitutional Assembly in 1987 by its Subcommittee on Agrarian Policy and Land and Agrarian Reform, made a fateful chapter in the history of Brazilian law, largely ignored in legal dogmatic works that address. This commission has been marked by cronyism and dribbling in the regiment of political groups that supported the dictatorship. It is questionable whether this episode has influenced an undemocratic rule or whether it means a step in the state of exception, depending on the totalitarianism he based the decision on its establishment. To do so, brings the contribution of Giorgio Agamben, the concepts of constituent and constituted power. It examines two subjects that were decisive in the defeat of Agrarian Reform in the constituent assembly and in the years that followed: the Rural Democratic Union (UDR) and the Brazilian Society for the Defense of "Tradition, Family and Property (TFP). Finally, just to cover the legal and social aspects of this process in the post-1988.
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