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NEOCONSTITUTIONALISM AND THE NEW LATIN AMERICAN CONSTITUTIONALISM

The constitutions drawn up after World War II play a fundamental role in the legal order of Western countries, enriched with axiological content aimed at guaranteeing fundamental rights, such as the dignity of the human person. Neoconstitutionalism has emerged as a new paradigm for the democratic rule of law. In Latin America, as a result of social movements in the early 1980s, the movement known as "new Latin American constitutionalism" emerged. This movement proposes the construction of a new type of state, the plurinational state, in which concepts such as legitimacy, popular participation and pluralism take on a new meaning, with the aim of enabling the inclusion of all social classes within the state.

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NEOCONSTITUTIONALISM AND THE NEW LATIN AMERICAN CONSTITUTIONALISM

  • DOI: https://doi.org/10.22533/at.ed.216572509052

  • Palavras-chave: Neo-constitutionalism. New constitutionalism. Democratic and Plurinational State.

  • Keywords: Neo-constitutionalism. New constitutionalism. Democratic and Plurinational State.

  • Abstract:

    The constitutions drawn up after World War II play a fundamental role in the legal order of Western countries, enriched with axiological content aimed at guaranteeing fundamental rights, such as the dignity of the human person. Neoconstitutionalism has emerged as a new paradigm for the democratic rule of law. In Latin America, as a result of social movements in the early 1980s, the movement known as "new Latin American constitutionalism" emerged. This movement proposes the construction of a new type of state, the plurinational state, in which concepts such as legitimacy, popular participation and pluralism take on a new meaning, with the aim of enabling the inclusion of all social classes within the state.

  • Julio Mariano Fernandes Praseres
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