A social emancipation in the bolivian plurinational State

• Autor(a) principal: Silva, João Paulo Rocha Pereira
• Data de Publicação: 2023
• Outros Autores: Espinoza, Fran, Machado, Carlos Augusto Alcântara
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Katálysis (Online)
• Texto Completo: https://periodicos.ufsc.br/index.php/katalysis/article/view/89979
• topic: New Latin American constitutionalism; Human emancipation; Social Emancipation; Bolivian Constitution; Novo constitucionalismo latino-americano; Emancipação humana; Emancipação social; Constituição boliviana

The present paper analyzes the relationship between the concept of emancipation and the formation of the so-called new Latin American constitutionalism, with emphasis on the Bolivian case. Does this political phenomenon enable an emancipatory process, given that this new model of constitutionalism is the result of social demands from groups historically excluded from the game of power, such as the indigenous peoples? The Bolivian Constitution of 2009 brought a rupture from the traditional constitutionalism of European matrix, proposing the construction of a plurinational state that recognizes and respects differences. Its elaboration follows the historical materialism that makes it possible to understand social phenomena and their evolution throughout history and considerseconomic, social, legal aspects of the investigated object. In the final considerations it is indicated that the new Latin American constitutionalism has legal guidelines based on human emancipation, as well as being permeated by structural limits of economic, social, political and cultural order.