Constitutionalism from insurgences

the hermeneutics of the oppressed as a possibility of a future for the enforcement of human rights

Abstract

This paper aims to point out the urgency of rethinking the classic categories of modern constitutionalism. Based on the insurgencies of groups historically excluded from the Brazilian constitutional experience, possibilities for the future are considered that are not only associated with the enunciation of rights, but also promote tensions for hegemonic law. A qualitative research methodology is adopted, revisiting bibliographical productions that dialogue with the insurgent proposal now developed. At the end, the hermeneutics of the oppressed is seen as a criterion for legal interpretation that considers the systems of domination present in Brazilian society.