Globalização e internacionalização do direito a partir dos direitos humanos: impactos no constitucionalismo latino-americano

Abstract

The internationalization of law from the human rights - above all, anchored in a universality perspective - added to the processes of globalization can and has led, in some cases, to hegemonic practices that hinder, when they do not interrupt the communication channels of the law with the culture of each people. In this sense, the objective of the proposed analysis is to delineate these processes by making a spatial cutout towards Latin America, justified by the new movements that took place in that context (such as the Plurinational State and New Latin American constitutionalism), announcing a paradigm of transition to its understanding. Such transformations are aligned with the perspective that recognizes the counter-hegemonic potential of human rights, based on necessary and specific considerations, in the sense of respect for diversity, but at the same time, the viability of dialogue based on shared ethical premises. In terms of methodology, a phenomenological-hermeneutic approach will be adopted, methods of historical and monographic procedure, using, as a research technique, indirect documentation through bibliographic research.