O constitucionalismo global e o projeto constituinte da Terra: Uma análise das formulações teóricas mais recentes de Luigi Ferrajoli

Abstract

The transformation of contemporary international society in recent decades has strengthened the links between the various regions of the planet and created the necessary conditions for the establishment of the debate about the possibilities of configuring a constitutionalism of global reach. This process has been strengthened recently by the spread of the new coronavirus and by the difficulties encountered in the adoption of coordinated actions among the various States to confront the respective pandemic. It was in this context that the Italian jurist Luigi Ferrajoli formulated the so-called Earth Constituent Project. Thus, the present article analyzes this proposal and its possibilities of realization. The conclusion of the research is that, although the formation of a true global constitutionalism is still unlikely, the implementation of an Earth Charter is fundamental for the expansion of international cooperation, for the peaceful resolution of conflicts, and for the protection of the common goods of humanity. In the pursuit of this study, the hypothetical-deductive scientific method and the bibliographical and documental research technique were used.