A democracia de Enrique Dussel como fundamento para efetivação do novo constitucionalismo da América Latina: a análise dos dispositivos constitucionais do conselho de participação e cidadania do Equador, da plurinacionalidade e da jurisdição boliviana

Abstract

This dissertation aims to understand decolonial thinking, using it as a source for the emergence of the practice of New Constitutionalism in Latin America, demonstrating a paradigm transition and the importance of thinking the existing models from new perspectives. In this context, the new Latin American Constitutional model is presented and detailed, as well as its challenges, which imply the argument of a certain popular participation devices ineffectiveness and focuses on these countries' plurinationality. Thus, the dissertation starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presentes a qualitative approach with documented bibliographic review procedure, investigates scientific articles, books and videos on decolonialism, Latin American democracies and the Latin American New Constitutionalism. This is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the history of the Latin American countries. Therefore, the work sought to answer: How does the democratic theory, contained in the work “Carta a los Indignos” by Enrique Dussel, enable the practice of constitutional provisions which are in the Latin American New Constitutionalism third Cycle? Based on this point of view, the dissertation presents Dussel's democratic essay recovering the union of participatory and representative democracy, constantly and wrongly placed as opposites. In his view, legitimacy is presented from the perspective of popular sovereignty, being the most important, however, to make it reasonable in populous countries, as Latin American countries are, it becomes necessary the appreciation of representative democracy in order to solve the demands presented by participatory democracy. In this way, the dissertation, through the theory of Enrique Dussel, tries to bring a response to the inefficiencies of certain provisions in the Latin American New Constitutionalism Constitutions, giving even more legitimacy and urgency to its real effectiviness.