Globalization, comparative constitutional law and contemporary liberal constitutionalism: visions on the impacts of the mundialization of social and economic relations in constitutionalism

Abstract

Globalization is originally an economic phenomenon with strong social and legal impacts. Important social and legal literature with emphasis on Brazilian constitutional and public law points to the neoliberal character of globalization, violating the Social Rule of Law, fundamental social rights and material equality, and against national sovereignty. This article agrees with the negative impacts of globalization, but points out that this view is partially insufficient in the field of constitutional law for two main reasons: a) disregards the impact of globalization on the field of comparative constitutional law and b) criticizes liberalism in an exacerbated manner, which is a central element of contemporary constitutionalism. Thus, the work reflects on comparative constitutional law and its construction from globalization, developing the theme of criticism of contemporary and liberal constitutionalism.