Ainda é possível pensar a Democracia a partir do Poder Constituinte? Uma discussão em torno de Carl Schmitt

Abstract

The notion of constituent power has a central role in the history of modern political thought. This notion was theorized by different authors at different times. Furthermore, the notion of constituent power is closely linked to the idea of democracy, being widely used in its preparation. The paper aims to criticize the link between constituent power and democracy, because the latter must be elaborated with categories of immanence, under the risk of not being modern. Carl Schmitt successfully shows, despite unintended, the impossibility of thinking democracy using the notion of constituent power. Some theoretical consequences of that impossibility was made, by analyzing the contemporary attempts to link constituent power and democracy. One shows how they all lead to deadlocks and aporia.