O PROCESSO CONSTITUINTE EM FORMAS ESTATAIS REGIONAIS: a experiência da União Européia e do Mercosul

Abstract

Study on the process of constituent formation in the European Union and in the Mercosouth, which puts the formalization of a Constitution at regional level. It breaks of an analysis of the historical context marked by the development of a new world-wide order based on the expansion of capitalism, trying to identify the deep economical, political and ideological transformations caused by the globalization movement and the internationalization of the capital, which has provoked mutations in the nature and functions of the national States, that are part of the global state forms regionally stablished, especifically on the cases of the European Union and Mercosouth. It is analysed as it took place to creation, construction and enlargement of the process of integration of member States of the European Union, determining its institutional-legal landmark, which provided with an opportunity for the preparation of the European Constitution, besides were identified the forms of structural and government development caused by this integration process, that has a much more political sense , under the European perspective, than properly legally. The embryonic form of the integration process of Mercosouth State members is described and the structural and governmental forms inherent to its constitution are highlighted. It observes the logic of formation of the constituent process which makes the elaboration of a Constitution for the economical block of the Mercosouth feasiable. A comparative study is made concerning the process of constituent formation on various state forms, used on the European Union and Mercosouth. It is concluded by evidencencing the strength process of sovereign States which compose the European Union and the Mercosouth, in spite of the natural structural tendency of these blocks which propitiates a legitimation crisis on the constitution process of these state forms.