There is not Constituent power and constitutionalism: a discussion from the margins

a discussion from the margins

Abstract

This article seeks to understand how the relationship between democracy and constitutionalism affects the category of constituent power. The over-dimensioning of constitutionalism makes the democratic principle figure in the background, leaving secondary changes, consequently, as more urgent social changes in peripheral countries. Therefore, emphasis is given to the legal element of order against reality or transforming politics, engendering a fetishist of law that the reading places the instituted element as more than the democratic becoming of the transformation of reality. The present text proposes this theme from a materialist and dialectical research and through the accomplishment of a bibliographical research.