Coloniality, decoloniality

what is decolonial in latin american constitutionalism?

Abstract

This article deals with some conceptual perspectives of colonialism, neocolonialism, and post-colonialism. It discusses the concept of constitutionalism and its colonial, exploitative, and genocidal influences, which have been justified and consolidated through "universal" categories such as Constitution and State. It also addresses Latin American constitutionalism and its necessary relationship with decoloniality, highlighting how Latin American Constitutions, in general, have always expressed the interests of hegemonic elites, influenced by European colonizing culture. The article asserts that perhaps we are still in a transitional moment, mainly due to the difficulty of overcoming the coloniality of power and being. Although there is already a significant decolonial aspect in Latin American Constitutionalism, there are still many challenges to be addressed. The process of decolonizing constitutionalism may represent a shift in time with different forces at play, embracing diverse forms of thought that do not seek to establish themselves as universal. The article also demonstrates the role of law as one of the effective mechanisms of transformation. The research conducted is of a qualitative nature, with a hypothetical-deductive, descriptive-exploratory approach based essentially on bibliographical sources.