Constitutionalism seen from the periphery: A perspective about the contribution of Marcelo Neves

Abstract

By questioning the limits of the notions of constitution and positivity of law in Luhmann's systems theory, from a perspective empirically founded on the observation of the constitutional development in so-called peripheral modernity, Marcelo Neves's thesis made an important contribution in repositioning systems theory and constitutional theory itself. The timely publication of his thesis in Portuguese, at a particularly troubled time in the Brazilian legal-political context, when the consistency of the 1988 constitutional model has been tested, opens opportunities for deepening reflections on constitutionalism, citizen's rights, inclusion, inequality and democracy in the periphery of capitalism, without letting the analysis of these complex notions overlook their effects, also in the center of world society. Therefore, the present review takes on a double effort: to map the main points of Neves's thesis and evaluate them as a current contribution to the constitutional debate.