Still on the thesis of symbolic constitutionalization
DOI:
https://doi.org/10.29293/rdfg.v8i02.338Keywords:
Symbolic Constitutionalizing. Marcelo Neves. Criticism. Brazil.Abstract
OBJECTIVE: The main purpose of this paper is to offer a supplement to my critical analysis of Marcelo Neves' thesis of symbolic constitutionalizing.
METHOD: In this sense, from a methodological point of view, this supplement is based on a categorical reconstruction of the arguments of the 2018 postscript to his book “Constitution and law in peripheral modernity”.
RELEVANCE/ORIGINALITY: The relevance of this discussion lies in its contribution to a critical approach to Brazilian constitutional history, mainly post-1988.
RESULTS: The results show that the symbolic constitutionalizing thesis has three problems, in addition to those previously discussed in my essay “To a criticism of the symbolic constitutionalizing thesis”: a problem in the “sociological reduction” that it operates; a problem of adequacy between its conceptual framework and the conceptualized phenomenon; and a problem in its theoretical background.
THEORETICAL/METHODOLOGICAL CONTRIBUTIONS: The main theoretical implication of this paper lies in its possible contribution to the development of a critical constitutional theory about the relationship between constitutionalism and periphery, which fundamental outlines I present in the last section.
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