A new constitutional culture for immigrant recognition

• Autor(a) principal: Cristino, Fernanda da Rosa
• Data de Publicação: 2018
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/7946
• topic: Immigration; Constitution; Culture; Imigração; Constituição; Cultura

The international human mobility, today, is characterized by the intensity and complexity to demand specific treatment. It questions the heritage of the National State, the contradictory relationship established between planning and reality, unveiling the markedly economic dominant interest. Given the composition of the states themselves, increasingly multicultural, with investment and transnational relations, how is it possible to live with the explicit violation of human rights of the people at the borders? Considering that the approach of this impasse needs a new attitude of the legal order on the interpretation of the existing guarantees and the recognition of new ones, this study presents the problem of the international economic immigrant and the idea of ​​constitution as a science of culture or open Constitution. In the face of the opposition of this one to the liberal conception and encouragement to an adequate constructivist understanding to the comprehension of a new form of human coexistence that disregards the boundaries of the nation states, it is presumed to be an alternative to the approach compatible with the post-national society eminently plural of the reality. Thus, a monographic study is constructed, supported by literature, with an emphasis on works of Giuliana Redin and Peter Häberle, benefiting from the technical assistance of reviews and extended abstracts.