Matizando o discurso eurocêntrico sobre a interpretação constitucional na América Latina
This paper proposes to nuance speeches extending to Latin America about the European constitutional past, speeches that invisibilize our past in a very specific issue: constitutional interpretation. This Eurocentric discourse is the result of an exercise of colonization of Latin American legal cultu...
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| Format: | Article |
| Language: | Portuguese |
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2009
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4818160 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 30, Nº. 59, 2009, pags. 271-298 |
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| Summary: |
This paper proposes to nuance speeches extending to Latin America about the European constitutional past, speeches that invisibilize our past in a very specific issue: constitutional interpretation. This Eurocentric discourse is the result of an exercise of colonization of Latin American legal culture that has to be put under suspicion. Similarly, this paper indicates that existed constitutional interpretation in Latin America during the nineteenth century, and proposes that the legal historian must dialogue with the constitutionalist dogmatic for to build the memory of this discipline, so that it can identify the hegemonic relations that have gestated in this juridical area. Then, during the discussions on the Bicentennial, it is important to rethink the relations that the Hispanic American constitutional law has assumed within the constitutional dogmatics from first-world, for which the history of law can make far more than it thinks. |
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