THE OBSTACLES OF NEOCONSTITUTIONALISM AND THE PERSPECTIVES OF THE NEW LATIN AMERICAN CONSTITUTIONALISM: PARADIGMATIC ELEMENTS FOR THE REALIZATION OF THE HUMAN RIGHTS OF THE PEOPLES OF SOUTH AMERICA

• Autor(a) principal: Jum Martins, Evilhane
• Data de Publicação: 2017
• Outros Autores: Siqueira Tybusch, Jerônimo, da Silva Ritter Morello, Giane
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Brasileira (Online)
• Texto Completo: https://www.indexlaw.org/index.php/rdb/article/view/3175
• topic: Neoconstitutionalism. New Latin American Constitutionalism. Human Rights. South American People.; Neoconstitucionalismo; Novo Constitucionalismo Latino-americano; Direitos Humanos; Povos sul-americanos.

This research deals with the comparative analysis of the constitutional movements designated as Neoconstitutionalism and New Constitutionalism Latin American to the realization of human rights of South American peoples. Interrelating the Neoconstitutionalism with Coloniality process, as well as the New Constitutionalism Latin American with social and legal buildings reliable reality of the continent, the objective is to analyze new opportunities for realization of human rights of South American people from the so-called constitutional movement New Constitutionalism as Latin American. Therefore, part is the following issues: What are the limits and possibilities for the construction of new insights about the human rights of South American peoples from their own innovations of the new constitutionalism Latin American? In order to answer this question the research in question holds up methodologically in dialectical perspective, from an analysis that includes thesis and antithesis, connecting air of knowledge as Constitutional Law, Human Rights, Sociology and geopolitics of South America. As a procedure adopted the bibliographical and documentary research and the technique is to build files and extended abstracts. As a result, it appears that own social and legal buildings in South America are able to ensure the effectiveness of human rights positivized in constitutional texts committed to the South American reality: fated task to the New Constitutionalism Latin American.