Revista Eletrônica do Curso de Direito da UFSM (Apr 2017)

THE CONSTITUCIONALISM BY THE BIAS OF POST-MODERNITY

  • Francisco Pizzette Nunes,
  • José Isaac Pilati

DOI
https://doi.org/10.5902/1981369424065
Journal volume & issue
Vol. 12, no. 1
pp. 181 – 197

Abstract

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The research starts methodologically on the concepts of paradigm, modernity and paradigmatic transition to post-modernity; and, based on that premise, it intends to confront neoconstitutionalism and guaranteeism as proposals for overcoming the positivism, opposing both theories and the modernity constitutionalism in general, (is) a new perspective, which attempts to rescue the collective, that is, by a postmodern Law theory; such theory is inspired by the Roman Republic experience with direct democracy, which is based on the participatory dimension of sovereignty, concerning the collective legal interests and self-resolution of collective disputes. It concludes that the modern constitutionalism has no solution to properly handle the complexity of post-modern conflicts.

Keywords