Tempos de esgotamento do ideal constitucionalista?

Abstract

A world thought of from modern references seems to fade and it is still unclear what will emerge from it. Law undergoes significant transformations that occur especially withinand from Constitutional Law, requiring the development of a new theoretical and philosophical framework capable of corresponding to this new reality. This environment, evidenced by the uncertainties of the future, inaugurates a strong sense of constant crisis(s), and this, in a way, affects the understanding of the constitutionalist ideal, giving rise to ghosts that tragically marked the history of humanity, such as, for example, xenophobic populism. From this perspective, the question is whether the constitutionalist ideal has been exhausted or whether it can be readjusted to the requirements of the new fabric of a hyper-complex global society. Using the hypothetical deductivemethod, which, based on the analysis of the factual situation established in the global socio-political environment, will attempt to understand the insufficiency of the paradigms of modern constitutionalism for the adequate confrontation of the constitutional problems posed to contemporary society. As an auxiliary, bibliographical research will be used, prospecting a sociological approach. The constitutionalist ideal remains a path that is built on the way, barely paraphrasing the verse of the Spanish poet Antonio Machado. In other words, it is concluded that the constitutionalist ideal persists, although it needs to be readjusted to hypermodernity.