Constitucionalismo latino-americano: o pluralismo jurídico na Constituição boliviana de 2009

Abstract

The research shows notepaper about a subject that has influenced the political life of some Latin American countries. It is observed a process of constitutional changes, caused by rupture with the old social order, by means of insurgency of social groups that claim more participation on political space of the State. Glimpses a new paradigm of constitutional law, by means of movements as the neoconstitutionalism and the Latin American constitutionalism. There is a compromised of them with the realization of fundamental rights. The Latin American constitutionalism aims to solve the problem of social differences and spread a participatory ideal, with highlighted to Constitution of Bolivia (2009). In this context, arises the legal pluralism associate to existence of a justice system plural based on recognition of different autonomous jurisdictions. Given this scenario, the present work has by objective analyze the advances and/or setbacks with the adoption of legal pluralism communityparticipatory by Bolivia's constitution of 2009. Thus,in spite of the character Community-participatory of legal pluralism, it proves to be appropriate the social and legal demands of Bolivian state? Towards respond this problem will be utilized the method of approach dialectic and the methods of procedure historic and monographic. It is noticed that on formal plan the constitutional text of Bolivia meets the social and legal demands of State. However, several factors need be enhanced for if talk of a Community-participatory legal pluralism that meets the social and legal demands concretely in its totality although if check a trend in concretion of this purpose.