Interpretação da constituição econômica e novo constitucionalismo em rede

Abstract

The purpose of this paper is to present how the new constitutionalism, with contributions from Critical Systems Theory, can face the challenges posed by technological innovations and the digitalization of life in society. Firstly, the main aspects of the social theory known as Critical Systems Theory were presented, with a view to demonstrating which epistemological instruments of this theory can be articulated by the new constitutionalism. Here, we also sought to highlight what this new constitutionalism is, using the classics of constitutional theory to verify the overcoming, maintenance or reformulation of theoretical postulates in the face of the new reality that is being imposed. Secondly, the content of the Economic Constitution, its function and its interpretative possibilities were defined. In the same vein, we also tried to demonstrate how the national state has come to play a different role, especially after the socio-economic events of the late 20th and early 21st centuries. Finally, thirdly, it was possible to establish a relationship between the aspects of social theory and constitutional theory presented in the first chapter with the new role and function of the Economic Constitution in the digital context