Pluralismo giuridico e pluralismo culturale nel costituzionalismo latinoamericano

Legal Pluralism and Cultural Pluralism in Latin American Constitutionalism

Abstract

The nuevo constitucionalismo latinoamericano draws the attention of comparative law scholars on various aspects, from the constitution-making procedures to the constitutional ideology, from the protection of rights to the structure of powers. The common perspective seems to be the need to affirm a transforming, emancipating, and decolonizing constitutionalism, also giving constitutional voice to the long-silenced values and interests of indigenous peoples. The constitutions approved since the end of the last century in Latin America promote cultural pluralism and, in some cases, legal pluralism, according to new models of interaction between constituent groups. The purpose of this article is to analyze, in a historical and comparative perspective, what are the foundations and achievements of cultural and legal pluralism in Latin America.