Notas em torno do valor democrático no novo constitucionalismo latino-americano

Abstract

The possibility of reconstruction of legal, economic, political and social instability in the countries of South America permeates necessarily an analysis of movement enshrined by the New Latin American Constitutionalism Democratic, incorporating new ways of activation of the constituent power, and is the break with autocratic mechanisms and loyalists of the past. The model of exhaustion coming from the Continental-European neoconstitutionalism in the South American region is evident primarily from the Ecuadorian Constitution (2008) and the Constitution of Bolivia (2009), quite innovative in terms of political and democratic relationships, the result of this constitutional motion seeking a more inclusive democratic model, equal and horizontal in the relationship between citizens and the state, giving it the necessary legitimacy for its effectiveness. In light of this new legal-political phenomenon becomes urgent revision of traditional concepts that permeate the Constitutional Law. Legal recognition of the influence of insurgent social movements requires rationality and sensitivity of its protagonists in the harmonization of state relations with the new expectations where fundamental rights recreate a close reality participatory and inclusive social cries in Latin America, which reveals a crisis of representative democracy in the region and the rise of mechanisms of popular participation in the legal and political system.