Para uma crítica à tese da constitucionalização simbólica

Abstract

This paper approaches the “symbolic constitutionalization” thesis by Marcelo Neves, from its original formulation in the 1990s to its contemporary reflections. The main purpose is to demonstrate that this thesis contains internal contradictions that make it untenable. To do so, at first the conceptual architecture of “symbolic constitutionalization” thesis is presented in detail. Next, the internal contradictions of it - in the book with the same name of the thesis, in which it was initially presented - are exposed. Finally, it is discussed how the issue of the “symbolic constitucionalization” remains in the later works of Marcelo Neves, like “Entre Têmis e Leviatã”, “Transconstitucionalismo” and “Ideias em Outro Lugar”. The conclusion is that the deficits of the “symbolic constitutionalization” thesis point to the necessity of a concurrent approach to be developed further. From a metodological point of view, this paper presents a bibliographical research.