POPULISM AS A LEGAL PROBLEM: IMPACTS OF POPULIST SPEECH IN THE DEMOCRATIC STATE OF LAW

Authors

  • Giancarlo Montagner Copelli Universidade do Vale do Rio dos Sinos (Unisinos).

DOI:

https://doi.org/10.5935/2317-2622/direitomackenzie.v15n114554

Abstract

This paper intends to analyze the impacts of populist discourse in
the Democratic State of Law. For this, it is divided into two parts. The first turns
to the conceptualization of this political phenomenon, structurally linked to democracy
and institutionalist, based on unmet popular demands. The second part
deals with the Democratic State and the crisis verified in the Law as a product
of the State, understood as a space not only of normative production, but also of
access to a set of demands. It is, therefore, not only a breach to the emergence
of populist discourse in the eyes of this study – especially in countries of late
modernity – as well as a form of social and political organization to be further
weakened by it. After all, it is concluded that populism is projected, especially, as
an attempt, among other factors, to rewrite Constitutions, acting at the margin
of institutions. The method is phenomenological-hermeneutic.

Published

2021-05-12