FROM IDEALIZATION TO RECHAZO

AN ANALYSIS BASED ON THE CHILEAN CONSTITUENT EXPERIENCE OF 2022

Authors

  • Fran Espinoza Tiradentes University
  • Maria Luiza de Andrade Conceição Tiradentes University
  • Bruno Teixeira Lins Tiradentes University

DOI:

https://doi.org/10.17564/2316-381X.2024v9n3p167-180

Abstract

The present study analyzes the origin of legal pluralism in Chile, as well as its formal and jurisdictional aspects, from the so-called new Latin American constitutionalism movement. Generally speaking, the antecedents that motivated the outbreak of legal pluralism are common to the Latin American countries inserted in this context of social conflicts. This is a scenario where the demands of the native population were suppressed, first by the European colonizers, then by the dictatorship. Nevertheless, the rejection of the new proposal for the Chilean Constitution in 2022 reveals, with respect to the recognition of extra-state jurisdictions, the challenges faced by original peoples. The following questions are intended to be answered: How does legal pluralism originate in Chile?; how does pluralistic jurisdiction manifest itself in that country with respect to recognition by the state? The method used is qualitative, working from an interdisciplinary perspective, moving through the areas of political science, anthropology, and law. In the final considerations, the legitimacy of the cause raised by the new Latin American constitutionalism in Chile is pointed out, and the practical obstacles to its realization are demonstrated.

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Author Biographies

Fran Espinoza, Tiradentes University

Fran Espinoza, is a political scientist, master in International Peace, Conflict and Development Studies, Jaume I University, Spain; PhD in International and intercultural Studies University of Deusto, former scholarship holder of the UNESCO-Deusto Chair, Spain; He was Marie Curie Action Researcher, Initial Network SPBuild (European Commission) University of Coimbra, Portugal; Research internship at Louvain-la-Neuve University, Belgium; Post-doctorate in Public Policy, Federal University of Paraná – UFPR; Professor of the Postgraduate Program in Human Rights and leader of the public policy research group for the protection of human rights, CNPq, Universidade Tiradentes – UNIT.

Maria Luiza de Andrade Conceição, Tiradentes University

Law student at Tiradentes University, member of Scientific Initiation with scholarship (PIBIC/CNPQ).

Bruno Teixeira Lins, Tiradentes University

PhD candidate in Human Rights from the Postgraduate Program in Law at Tiradentes University (2023) with a PROSUP/CAPES Scholarship, member of the Research Group on Public Policies for the Protection of Human Rights (GPPDH) - CNPq.

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Published

2024-05-29

How to Cite

Espinoza, F., de Andrade Conceição, M. L., & Teixeira Lins, B. (2024). FROM IDEALIZATION TO RECHAZO: AN ANALYSIS BASED ON THE CHILEAN CONSTITUENT EXPERIENCE OF 2022. Interfaces Científicas - Direito, 9(3), 167–180. https://doi.org/10.17564/2316-381X.2024v9n3p167-180

Issue

Vol. 9 No. 3 (2024): Fluxo Contínuo

Section

Artigos

License

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