PERSPECTIVAS DE UMA MODERNIDADE ALTERNATIVA: UMA REFLEXÃO A PARTIR DA EXPERIÊNCIA DO CONSTITUCIONALISMO TRANSFORMADOR

Abstract

In the context of a break with dominant thinking and the establishment of a criticalreflexive position on legal phenomena, a space opens up to problematize issues that are increasingly gaining prominence in academia: the jurisdictional exercise of Latin American legal integration in the face of what has been called transformative constitutionalism, an experience already incorporated into the constitutions of Bolivia and Ecuador. Such experience can contribute to a new narrative, considering that this expectation only has the possibility of being realized in the face of efforts to construct a new development model based on a genuine conversation of humanity with itself and with nature. It is understood, from this, that the complex dilemmas of globalized society require a new look at the diversity of social groups, giving recognition of rights and parity of social participation to minority groups, as well as a concern with economic sustainability and environmental sustainability. This article intends to contribute to the deepening of the constitutionalism theme, under the ideology of Latin American constitutions that have been innovative, within a counter-hegemonic perspective. In order for these transformations not to remain only in theory and to be practicable, it is necessary to develop an alternative model of modernity, as thought within critical humanism.