Resumo

FUENTES-CONTRERAS, Édgar Hernán  e  CARDENAS CONTRERAS, Luz Eliyer. Constitutional Fictions. Introductory Elements for the Study of Legal Fictions in the Constitutions of the New Latin American Constitutionalism. Probl. anu. filos. teor. derecho [online]. 2023, n.17, pp.251-278.  Epub 24-Jun-2024. ISSN 2448-7937.  https://doi.org/10.22201/iij.24487937e.2023.17.18216.

Law, as a language, fulfills different communicational functions that it achieves, largely, through the use of narrative tools and devices. Among them, legal fictions stand out, which, far from portraying reality, seek to create a legal truth. In the case of constitutional fictions, these are often misinterpreted, leading to their degeneration. In this text, beyond offering a conceptual approach to the figure of constitutional fictions, an introductory analysis is offered as to how this has occurred in the context of the new Latin American constitutionalism.

Palavras-chave : constitution; constitutional law; constitutionalism; new latin american constitutionalism; legal fictions; constitutional fictions.

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