A tradição antinormativa na teoria constitucional

de Lassalle e Schmitt às tensões no constitucionalismo decolonial

Abstract

The article critically examines a specific strand of decolonial constitutionalism that denies the constitution any normative autonomy, understanding it merely as a continuation of modern domination. It argues that, by reducing the constitution to an instrument of domination, this approach inadvertently reiterates conceptions already formulated by Ferdinand Lassalle and Carl Schmitt, both of whom emptied the constitution of its normative content in favor of readings centered on the primacy of real power factors and political decision. The study, theoretical and bibliographical in nature, analyzes The Essence of the Constitution and Theory of the Constitution, showing how both limit constitutional law to the expression of social forces or the political will of a people. It concludes that, by rearticulating these perspectives under a new vocabulary, decolonial constitutionalism reproduces an anti-normative tradition of constitutional thought, thereby weakening its critical potential and obscuring the emancipatory possibilities inherent in the constitutional form.