O Estado, o constitucionalismo e os direitos humanos: Um diálogo entre o constitucionalismo moderno e o novo constitucionalismo Latino Americano por uma concepção multicultural dos direitos humanos

Abstract

The present work, through a constructive dialogue, will seek to demonstrate how this state paradigm was forged and what were the instruments used to establish itself as a new model of social pact in substitution of the fief system in force at the time. Moreover, as the formation of a national identity, a true aesthetic of power in this paradigm, made it possible to conceal the different, corroborating the birth of a constitutional - constitutionalist - exclusionary movement that was not able to perceive the different as an important piece for the whole . Even today the neoconstitutionalist movements, starting from the same constitutional logic of the modern national state, can not solve the inherent problems of cultural diversity within the same society, which is perceptible when analyzing the concretization of the promises of modernity in relation, among other things, to Human Rights. To better visualize the intricate current situation in which we are immersed, we it is necessary to fix our time, that is, how we perceive the current situation of the State in relation to the society in which it was conceived, as well as its constitutional model, after the numerous revolutions, advances and setbacks through which they have passed.