CRITICAL CONSTITUCIONALISM IN LATIN AMERICA:

DECOLONIALITY, CONFLITC REPOLITICIZATION AND LEGAL PLURALISM

Abstract

This work aim to analyzes the boundries of a critical constitutionalism of decolonial perpective, oriented by Enrique Dussel's analetics method, with qualitative and exploratory research. For this, it’s recognized that the classical constitutionalism liberal-individualist, based on the premisses of forma-structural organization of political power, on legal monism and the abstratction of rules, proved to be insuficiente to face (and overcome) the concrete asymetries suffered by subalternized people, especially in Latin America. First of all, it’ve sought to understand deconial thought as inscribed in the theoretical developments of Latin America critial thinking, which had been a important influence by post-colonial studies of subalternity (Subalter Studies). However, despite of this, the decolonial perspective have achieved relative theoretical autonomy by the virtue of elaborating an epistemological critique of the effects of modernity and colonization on the continent (coloniality). The fundamental ai is to overcome the epistemic foundations of the Eurocentric modern tradition and allow the emergence of other, marginal, subalternized, suffocated epistemologies. Then, it have deppened the study of critical theory in law, especially in Latin America, and the the confrontation whit the monista-state paradigm. In the light of decolonial thinking, the crisis of the assumptions of modern law is unveiled, demanding the opening of fissures that lead to legal-epistemic disobedience. In the end, we conclude that the project of a Latin American decolonial critical constitutionalism is guided by juridical-discursive deconstruction, starting from the concrete socio-historical conditions of the excluded and invisibilized subjectivities. In this context, the repoliticization of conflict, radical democracy, and legal pluralism appear as central elements of constitutional decoloniality.