A new constituent power? A new constitution?

Abstract

segments of its representation. And, from there, one already questions whether the people are involved in the structural problems that afflict them, or even if it is really necessary to restructure the State, in a political decision born from social assent. Hence the opportunity to question the viability of drafting a new Constitution, along with the factors necessary to begin a new constituent process, instigating debate on the existence of Material Limitations to the "convocation" of the Original Constituent Power, in a constitutional order characterized by the Principle of the Democratic Rule of Law, among others. The current moment of Constitutionalism is characterized by the legitimization of the actions of the powers of the State, in defense and guarantee of the constitutional order and institutions and the realization of fundamental rights, taking into account the action of constitutional justice and, forcefully, of citizens who oversee and legitimize any constituent process. The opportunity to convene a new constituent assembly prompts reflection on the peculiarities, limitations, and attributes of the original constituent power, in order to remove from the state any modification that might bury conceptual paradigms and norms established by the holder of sovereignty, under a text that was never even fully implemented.