The Chilean Constituent Process:

Is there a room for legal pluralism?

Abstract

The present research has the general objective of investigating whether the Chilean Constituent Process has the elements that indicate the presence of Legal Pluralism and, thus, analyzing to wat extent the New Constitution proposals managed to change the bases of modern law and provide greater participation (formal and material). In this sense, we initially intend to present the legal, social and political bases on which modern law is organized in colonized countries in Latin America; expose the theoretical bases of Latin American Constitutionalism and, finally, develop the historical, social, political and legal panorama in which the Chilean Constituent Process develops, to then answer the initial question. To this end, the deductive method was used, in which the general themes surrounding the subject are studied, and then the specific case is analyzed. From the discussions presented, the conclusion is that, to date, Chile still does not seem to be approaching an experience related to the New Latin American Constitutionalism, as the 2023 text, rejected by more than half of voters, is resurging in the recognition of rights, especially those of traditional peoples, and maintains the Subsidiary State that exists today. Only the new steps of the Constituent Process will be able to indicate how Chile can position itself as one of the few countries in Latin America that has not yet been able to experiment with the New Latin American Constitutionalism.