Poder constituinte e poder constituído : os conceitos de Antonio Negri aplicados às reformas constitucionais de Portugal e do Brasil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

With the arrival of globalization, changes happened on many aspects of human relations around the globe, from culture, economy, to education and judicial systems. One of the innovations observed by Michael Hardt and Antonio Negri on the pieces they have written together, or the ones written just by Negri, is the birth of a new hegemony, that takes the power conquered by modern imperialism by the Nation-state e transfers it to the new postmodern level of power: the Empire. By exploring the new Imperial order, Negri observes the effects it has on judicial systems, that submit to the needs of expansion of capitalism, and not to the Will of the people or, referring to a conpect developed by the author, the multitude, although the same fact can be observed in previous occasions. Therefore, concepts as Originary Constituent Power and Secondary Constituent Power, created by the traditional Law doctrine, show themselves obsolete, once it becomes clear, after the analysis of the constitutional mutations occurred in Portugal and Brazil, that the manifestation of the subject of the reforms fits better the Constituted Power, which has not the same legitimity from the Multitude. The observation of the constitutional reforms In Portugal and Brazil under the light of Negris concepts is enlightening and new, making us to reflect on the future of State and Democracy in the post-modern age.

ASSUNTO(S)

globalização estado direito internacional público reforma constitucional direito

ACESSO AO ARTIGO

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