The Constituent moviments and social moviments of the 21st century

Authors

  • Germano Schwartz Faculdades Metropolitanas Unidas (FMU-SP)

DOI:

https://doi.org/10.21910/rbsd.v9i1.601

Keywords:

constitutions, constituent moments, social movements, XXI century social movements, social system theory applied to Law

Abstract

            The last part of the first decade and the beginning of the second decade of the 21st century witnessed the biggest mass demonstrations in the streets of global society. Millions of people protested, from local realities, against, for example. the absence of democracy (Arab countries), the economic debacle and representative democracy (Western Europe), capitalism (United States), the ineffectiveness of social rights (Brazil). These are movements with characteristics that differentiate them from protests that took place in previous centuries. The greatest of them, object of this article, based on the theory of autopoietic social systems applied to Law (TSAD), is the fact that the social movements of the 21st century consist of constituent moments, that is, they provide the constitutionalizing communicational thematization of their protests . With this, the article answers the question about the death of the Constitutions, referring that the coupling between Law and Politics (the Constitutions) is influenced by the 21st century social movements (MS21) in such a way that the fundamental texts are revisited based on the understanding global social system and new influences brought by MS21.

Author Biography

Germano Schwartz, Faculdades Metropolitanas Unidas (FMU-SP)

Professor do mestrado em direitos humanos do centro universitário Ritter dos Reis - UNiritter. Diretor executivo de pesquisa e de pós-graduação da anima educação. Doutor em Direito pela UniSINOS (2003).

Published

2022-01-01

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