O Estado constitucional contemporâneo face ao modelo político-econômico neoliberal: pela garantia dos direitos humanos

Abstract

The present paper intends to analyse the role of the nation-state in the actual world order, after the failure of the Welfare State and the rise of the neoliberal agenda in the 1980s. This analysis is made under the perspective of the Human Rights and of a Constitution with well defined roles and functions in this globalised order. However, beyond a perfunctory analysis, we propose a new model of State based on the "resignification" of democracy as a universal and cosmopolitan pact, and after the construction of a jurisdiction, common and plural, of international and inter constitutional. So, this creates a Cosmopolitan Constitutional State that seeks its place in the world order based on a universalist comprehension of the Human Rights