LATIN-AMERICAN CONSTITUTIONALISM

CHALLENGES TO A GREATER BRAZILIAN UNION BY LAW N. 13.123/2015

Abstract

In a period when the socio-cultural transformation experienced in Latin America seeks to redefine the social organization as a necessary measure to what is called decolonization process, a reflective analysis about the constitutional arrangements in the multicultural perspective in a moment of affirmation and recognition of identities, is necessary. Law Project n. 7735/2014 if discussed within the foundations of pluralism and multiple nationalities, may be able to reset the neo- constitucional prospects of the Federal Constitution of 1988, approaching it to the new Latin-American constitutionalism. We seek to answer the following questions: In view of the majority doctrinal classification, in which the Brazilian Federal Constitution of 1988 would belong to neo-constitutionalism, what are the possibilities to verify its proximity with the new Latin-American constitutionalism, through the recognition of cultural aspects, which also trigger Law Project n. 7735/2014? To answer this question, the methodology used is: Basic Theory/Approach Procedure and Technique. As Base and Approach Theory we opted for the systemic-complex perspective. The procedures were elected were literature and documental (in physical and digital media - websites and social networks). The technique was to build summaries and extended abstracts.