LEGAL PLURALISM FROM THE PERSPECTIVE OF LATIN AMERICAN NEOCONSTITUTIONALISM

Abstract

The present work intends to analyze the concept of legal pluralism in the perspective of the new Latin American constitutionalism, especially in Brazil. In this sense, it focuses on understanding the indispensability of understanding the Constitution as a social reflection, beyond something fixed and reduced in legal and hierarchical formalism. Considering that this is composed of plurality and diverse conceptions, which are legitimized through traditions, cultures, beliefs and practices, influenced by the correlation of different peoples, through pluralism, we seek to understand that state power does not emanate from the production of the right to exclusively, since normativity also comes from a systemic set, which encompasses society, composed of different social groups. In this context, considering the research procedure to be adopted, the work on screen was guided by bibliographic research that will include the review of selected works and the definition of terms of reference, keywords and analytical categories that will be used for the survey and analysis. collection of recent production of relevant scientific articles according to the chosen theme. In addition, the historical method was used - used to analyze the genesis of the concept of constitutional pluralism - and the systemic-structural method - which made it possible to consider constitutional pluralism as a complex concept from the perspective of Latin American law. Alongside this, the approach of the research carried out has a qualitative character and an inductive method, since it seeks to understand the proposed theme from a mental process carried out in the face of the facts presented. In this way, it was possible to observe that, in Latin American countries, legal pluralism rose especially in the context of the new constitutionalism, being a tool for the cultural rescue of the original peoples who had their histories built from a colonizing process, with the advance of globalization, propitiated by the capitalist system. As a result, we conclude that although the 1988 Constitution was constructed from a plural perspective, valuing issues intertwined with indigenous peoples, there is still no effective participation of these populations in the construction of norms, due to the state-centric essence of the country's legal system. Thus, decolonizing Latin American constitutionalism is an extremely complex process due to the power organization structure characterized by elitist and authoritarian traits that still prevails in most constitutions in the region.