Revista Interdisciplinar de Direito (Jun 2014)
Pensando as bases do novo constitucionalismo: uma análise da persistência da estrutura binária moderna e da necessidade de sua superação pelo novo constitucionalismo latino-americano
Abstract
This article has made a study of the logic of exclusion “us” versus “them”, present from modernity to nowadays. It worked the concept of that logic, as well as specifi ed which the main actor on its operation is. Th e objective of this research was to uncover the presence of a huge structure of segregation established between the group “us” and the group “them”, perceiving it as an ideology that uses massively many diff erent instruments to make itself active. Th e study has investigated the relation between the binary logic and the history of Brazil, linking it also to “absurd situations” that demonstrates, with a perverse clarity, the persistence of this hard dichotomy in modern-days. Th e goal was to explain how the presence of exclusion that starts on an idealized model is violent and also how it restricts a plural and dialogical manifestation, shaping human being that end on reproducing a model of domination, and, as they do it, they perpetuate many inequalities. Th us, the research tried to provide and instigate a critical analysis of the reality, considering that starting from the acknowledgment of its faults it is possible to create new perspectives.