Novo constitucionalismo latino-americano: traços do multiculturalismo na Constituição Federal Brasileira de 1988

Abstract

Brazil is marked by the presence of great cultural diversity, which are characterized, among other factors, by its territorial extension, colonization by European countries, adoption of slave labor in the plantations and immigration occurred mainly in the eighteenth century arising from various European countries. The country is part of the Latin American continent, which is searching its authentic identity, based on the needs and qualities of the population. This movement is called the new Latin American constitutionalism and is based on a new approach to how to structure the state, giving more importance to specific points such as the culture and way of living of the local population, valuing multiculturalism; environmental protection, with which the man must be integrated; greater participation of people in political decisions; among others. It is important to try to understand the extent to which Brazil is part of this context. Researchers consider the recognition of different cultures as an initial phase of this movement. Such recognition already is present in the current Brazilian Constitution in some of its provisions. It is examined by literature research the processes that led to the drafting of the current Brazilian Constitution that may be related to an influence of this movement. As the starting point, we may mention the significant popular participation, which was present in the constitutional process and the recognition and protection of indigenous culture in chapter VIII of the Brazilian Constitution. The country has special features that characterize its proximity to the movement, albeit timidly, in that it takes a multicultural approach, though not officially assumes other pipelines and devices related to that movement.