Deadlocks and alternatives in 200 years of Latin American constitutionalism

Abstract

The paper aims to comparatively analyze the limits and solutions found by Latin American constitutionalism in its 200 years of existence. In this scenario, it must be highlighted the social and political changes both in the course of the 19th century as the end of the last century. Considering Roberto Gargarella’s ideas, we primarily wonder if today’s redefinition of the state and its offshoots are able to break both with the mark of inequality as well as with an elitist meaning of democracy, features that are historically envisioned here. Based on this, we also discuss the contextualization of the current moment of Latin American constitutionalism, to which we give the adjective new due to the explanatory perspective presented by Roberto Viciano and Rubén Dalmau. Then, the study addresses, in accordance with the view of Raquel Yrigoyen, the pluralist constitutionalism in its main aspects, highlighting the self-determination of indigenous peoples. Finally, we conclude with Boaventura de Sousa Santos’s proposal, which postulates the refounding of the State, contrasting with a breaking view.

Key words: Latin American constitutionalism, State, pluralism.