A construção das diferenças no constitucionalismo chileno (1810-1980)

Abstract

The article seeks to analyze the construction of differences in Chilean constitutionalism from the problematic relationship between law and diversity. It starts from the tensions between different forms of social observation of diversity to rethink the problem of alterity in the Chilean constitutions from 1810 to 1980. From this perspective, the historical evolution of the constitution can be seen, in addition to its claims of formal equality, as a continuous process of building legal differences. Focusing on the differences constructed through Chilean constitutional history, one can rethink the transition from the ancien régime to modern constitutionalism not as an equality-oriented process, but as the construction and unfolding of new differences. Constitutional history shows that legal models have not produced a par tout equalization of the population. Instead, equality and difference were reconstructed and adapted to the societies that emerged from the dissolution of the ancien régime order.