Abstract
The work on screen aims to demonstrate a new form of constitutionalist movement that has been gaining new contours in Latin America, called by the doctrine of new Latin American constitutionalism. This movement gained its heart due to the political-legal process that occurred in recent decades, aiming at guaranteeing the rights of minorities, whose theoretical framework also comes from the Brazilian Constitution of 1988 and its neo-constitutionalist bias, much criticized, at the time of its promulgation, for being too detailed or “garantista” too. But now, through its positivism certifying fundamental rights and guarantees influences the new constitutional movement, with even deeper changes and guarantees in the constitutions of Latin countries that seek to positive in their affirmative, inclusive and guarantor political constitutions, as well as constitutional and normative evolution based on certain criteria, values, interests and own objectives.
Highlights
In times after the striker movements that took place between the late 1970s and the late 1990s, in which social networks allowed the most varied political thoughts to emerge from the most varied groups that formed society, social mobilizations increasingly move away from labor claims, claiming affirmative policies for the various “cultural nations” that make up the Latin American population, resulting in a new constitutionalism movement, which privileges and prestigious exactly this voice of the streets, of ethnic and social groups that previously did not have so much conviction of its strength, especially in neighboring countries of South and Central America, a movement that had a strong influence of the Federal Constitution of 1988
The purpose of this article is to demonstrate that the new American constitutionalism, it may seem to be somewhat silent and indifferent to Brazilians, is a movement that is on the agenda of the political moment of our continent, influenced by the taxing and guarantor enumerations of Brazilian neoconstitutionalism, allied to the long marches held in large Latin cities (MERKLEN, 2002), such as those of Mexico City in 2001; Quito in 2002; or, more recently, social rights movements seeking a new legal order in Chile; or, the “cliques” that occurred in Argentina, from 2003 and the indigenistic movements in Bolivia that culminated in the election of President Evo Morales in 2006
Chilean popular movements initiated in 2019 and which have already been a victory to hold a plebiscite that, very soon, even in October of that year 2020[8], will probably result in the formation of a new Constituent Assembly in Chile. They will have a Charter inspired by the guarantor, inclusive and affirmative model already existing in Ecuador, Bolivia, Peru, Colombia and Venezuela, which will certainly mean a major defeat of the “exemplary” neoliberal project that has prevailed in the Andean country since the Pinochet dictatorship, especially in which it demonstrates that we will have a defe[9]at of Donald Trump in the U.S presidential elections of November 2020, a fact that will be the final collapse of a rapid but ill-fated trend of retrograde and anti-progressive policies, in South America, but throughout the Western world, including Europe
Summary
In times after the striker movements that took place between the late 1970s and the late 1990s, in which social networks allowed the most varied political thoughts to emerge from the most varied groups that formed society, social mobilizations increasingly move away from labor claims, claiming affirmative policies for the various “cultural nations” that make up the Latin American population , resulting in a new constitutionalism movement, which privileges and prestigious exactly this voice of the streets, of ethnic and social groups that previously did not have so much conviction of its strength, especially in neighboring countries of South and Central America, a movement that had a strong influence of the Federal Constitution of 1988. Chilean popular movements initiated in 2019 and which have already been a victory to hold a plebiscite that, very soon, even in October of that year 2020[8], will probably result in the formation of a new Constituent Assembly in Chile Most likely, they will have a Charter inspired by the guarantor, inclusive and affirmative model already existing in Ecuador, Bolivia, Peru, Colombia and Venezuela, which will certainly mean a major defeat of the “exemplary” neoliberal project that has prevailed in the Andean country since the Pinochet dictatorship, especially in which it demonstrates that we will have a defe[9]at of Donald Trump in the U.S presidential elections of November 2020 , a fact that will be the final collapse of a rapid but ill-fated trend of retrograde and anti-progressive policies, in South America, but throughout the Western world, including Europe. It is on this threshold of an even more direct and guarantor democracy that the relations and influences of Brazilian Constitutional Law may well be seen as positivist vanguards for the Andean neighbors in their “spring of the peoples” or “indigenistic awakening” with the addition of concrete affirmative and inclusive policies, which has entailed a true Latin American Constitutionalist Revolution of the various nations that form them
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