ELEMENTOS TEÓRICOS PARA UMA SOCIOLOGIA CONSTITUCIONAL CRÍTICA

Abstract

The current scenario of democratic constitutionalism, seen from the critical categories of contemporary legal thought, is represented by contradictions between structured normativity and constitutional praxis. At the same time that constitutions equipped with transformative normative structures were emerging, an economic policy determined to devastate and disarm any possibility of achieving a substantial social democracy was also born. Thus, a problematized constitutional practice was formed between the neoliberal transformations in transformative constitutionalism, in which the constitutional precepts of achieving substantial social democracy were being de-potentiated from their social profile, either by constitutional reforms or by judicial decisions of constitutional courts. Therefore, the hypothesis of this study is that in order to understand this phenomenon, adequate categories are necessary to enable a critical reading. Thus, through a critical bibliographical research, the results of the concrete experiences of constitutional reforms that distort the transformative profile of democratic constitutionalism were deduced. Therefore, the objective is to provide reflective elements for critical analyses of the contradictions of constitutionalism in the context of a society dominated by neoliberal political hegemony.