Resumo

ALTERIO, Ana Micaela. Ius Constitutionale Commune Latinoamericanum and the challenges of judicialization of politics. Estud. filos. práct. hist. ideas [online]. 2018, vol.20, n.1, pp.1-21. ISSN 1851-9490.

This article critically examines the concept of Ius Constitutionale Commune Latinoamericanum (ICCAL) as a phenomenon of judicialization of politics at the regional level. To problematize its "common" character and based on the assertion that constitutional law is political, some features of the ICCAL are analyzed: the ideology that inspires it, the theory in which the concept is supported and the institutional arrangement that sustains it. Under the understanding that every constitutional project is inextricably linked to an institutional design that carries it out, the commitment to a jury-centered model, anchored in the interpretation that the Inter-American Court of Human Rights makes of the rights recognized as universal is criticized. Proposing, in contrast, a system based on deliberative and egalitarian procedures that strengthen the democratization of the region.

Palavras-chave : Judicialization of politics; Ius Constitutionale Commune Latinoamericanum; Inter- American Court of Human Rights; Democracy.

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