Constitucionalismo Crítico: Antonio Negri à luz de Franz Neumann

Abstract

This article discusses Antonio Negri’s view of the constitutive power in the light of Franz Neumann’s theory of law. The text presents the essential characteristics of constitutionalism and its critique by Negri (2015) in the book “The Constituent Power”. For Negri (2015), constitutionalism has as its central function to prevent radical social transformation by restraining the constituent power. Next, the text discusses this criticism in the light of Franz Neumann (2009; 2013), seeking to show that not all radical transformation is necessarily progressive, especially if we leave aside certain assurances present in the tradition of constitutionalism.