Still on the thesis of symbolic constitutionalization

• Autor(a) principal: Gomes, David F. L.
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito da Faculdade Guanambi
• Texto Completo: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13962
• topic: Constitucionalização Simbólica. Marcelo Neves. Crítica. Brasil.; Symbolic Constitutionalizing. Marcelo Neves. Criticism. Brazil.

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.