1

Recondition of the State in Latin America. A new paradigm

by Oscar Martínez Peñate

The recondition of State in Latin America constitutes a new paradigm, not recognition of such a

condition will take us to the incomprehension and will impede us to locate it in models or theoretical

schemes and doctrinaire Europeans - Americans, will be an activity that will consist of putting a

straitjacket to a phenomenon that rise with an own dynamics and a development epistemological.

Specialists of the social sciences have tried to fit it into currents of juridical, political, philosophical,

economic, ideological thoughts, etc., of equal form, they try to realize typology and

characterizations with foreign prototypes to Latin America. The recondition of the State, between

other aspects, is an alloy between the pre-Columbian ancient thing and the contemporaneousness

of the good one to live.

New paradigm

The process of recondition of the State in Latin America does not obey limit of any international or

regional organization (Valencia, 2008, p. 46) (Chevallier, 2003, p. 210), it does not stem from

philosophical expositions or ancient, modern or contemporary politicians of Anglo-Saxon authors

either, is a phenomenon removed from the euro centrism.

Some sociologists, jurists, political scientists enclosed anthropologists between others, of European,

Canadian and American origin try to analyze this process from his own schemes, do not conceive or

have not fallen to accounts that the current of recondition of the State in Latin America is a new

paradigm, which one finds in the course of replacing the former ones, for not possessing the

aptitude to interpret and to give response to the present reality and of solving the current national

problems of the Latin-American States.

The recondition of the State in Latin America is not a neo either of anything, or the continuation or

prolongation of anything, is unpublished, there has to see neither with engineering nor social

architectures (Sousa, 2010, p. 70), with the aggravating factor that this process is neither only nor

uniform, he does not even behave to the same pace, which goes from the holistic thing to the

heuristic thing, in a flow and dialectical and dynamic reflux of the base of the company towards the

power of the State, which has an ontological location and an epistemological explanation alive own,

in every country in which it is carried out, is an auto political process.

This Latin-American process has manual, neither formula nor recipe, is simply sui generics, it is not

also ended, where the mechanisms that give it existence take part fully and actively, and that are

constituted by factors by opposite, discriminatory and asymmetric interests, but they can develop

into a precise and just moment complementary or convergent, here into this point, it is where there

2

takes place the incomprehension of the historically absurd of agreement with the theoretical and

doctrinaire currents of the traditional social sciences.

Good living

It is difficult to understand, countries that in the decades from the fifties to the eighties were

governed by military corrupt dictatorships and pro imperialistic; the populations plunged in the

misery and without respect to the human, political, social rights not cultural; in the years of

thousand nine hundred eighty they had an astronomic foreign debt that turned in the lost decade;

now the same countries have enclosing governments, with economic growth and social, enclosed

development they do to him lendings thousands of million dollars to countries of the European

Union, since it is the case of Brazil.

The recondition of the State is not alone the creation of a new juridical internal classification, not of

the simple step of the formal democracy to the royal one, but the formation of an strong institution

framework that will answer at the rate of the social vertical relations to the horizontal ones, where

the interpersonal relations of exclusion should transform in inclusive, across the generation of new

direct and indirect agents who affect in the establishment of the conditions that generate a new

process of socialization between the citizens, that is to say, a new way of living through the

commonness, which will produce collectivly a new culture, which is the fundamental base of a good

one to live (Sumak Kawsay - Quechua-, It Adds Qamaña - Aymara-, Nemi Yek-náhuatl-pipil).

The reform of the State is a national change, which concerns great part of the formal and informal

structures of a systemic form, the reform is given in two rails from the bottom up and vice versa,

this energetic permanent flow is the one that gives him life and becomes stronger in a constant way

his existence, which has an empowerment and produces on the part of the citizenship of the new

social relations in almost all the mechanisms and processes of the productive, social, political,

economic, cultural and ethnic life.

It is favored the respect of the individual rights, the diversity bears in mind, which gives like proved

the protection of the company in general, the respect to the individual is the fundamental base of

the company, of what it serves the rhetoric, if the speech is removed from the reality.

UNITE IN THE DIVERSITY

Many parts of the States of Latin America, his populations are constituted by one or several ethnics

groups of the original peoples and populations of African origin, in the recondition of the State they

are legitimized constitutionally by the recognition and preservation of his respective languages,

beliefs, religion, etc., likewise his own form of territorial organization - political-social-cultural across

the decentralization and his own autonomy.

The Latin-American constitutionalism is a break with the traditional conception of the widespread

juridical - sociological meaning of Constitutional state, named par excellence democratic States,

though the governments were authoritarian or dictatorships, which means that the Latin-American

3

constitutionalism goes in opposite of the contemporary euro centrism -American theory of the

State.

The political and sociological concept of State - nation as a monolithic entity, national and uniform,

does not fit in the current situation where is admitted that it is a State formed by several minorities

and diverse communities; the respect each of them constitutes the obedience and observation of

the collective rights of the cultural diversity and of the internationalism.

Beside being a State decentralized with territorial autonomous governments with his respective

regulations that institute a Latin-American constitutionalism, establishing a paradigmatic

contribution and epistemological to the constitutional law, with a joint omnidirectional of the local

thing with the regional and national thing in a spice of Venn's graph, these characteristics, far from

dividing, they join, provide uniformity and integrate to the State of the good one to live.

Theoretical decolonization

Latin America, with the recondition of the State, goes beyond that the theory of the dependence

and of the theology of the liberation, it neither answers does not even have to the base any

Eurocentric-North American paradigm, there is a theoretical - practical and doctrinal decolonization

of systemic and systematic form.

The current Latin-American reality is not alone a new way of organizing the State and of making the

state institutions functional, inside the construction of a juridical and cultural context, which uses

as shield against the values that belong harmful to the humanity and especially to the countries of

the South, which supports and spreads the capitalism and the imperialism to planetary level, with

the neoliberalism and the globalization, across the International Monetary Fund (IMF), Banco

Mundial (BM) and the World Organization of the Trade (WTO), with the intention of plundering the

natural resources and of exploiting the workforce of Latin America, by means of the transnational

companies.

The reform of the State besides endogenous is exogenous, because changes take place in the

international relations and in the commercial and financial relations, that is to say, that the countries

that have realized the reform of the State stop having an exterior politics dependent on the USA,

and they proceed to construct the whole juridical national scaffolding to regulate and to control to

the transnational companies in his countries, of equal form, do not accept the Agreements of Free

Trade (TLCs), they realize commercial negotiations with the countries of the North.

The State of the good one to live, does not limit itself to the national territories, but to constitute

regional instruments of economic, political, social, energetic, financial integration, media of

communication and of information, technologically - scientific, between others, to take forward the

process of decolonization (Peñate, 2014).

4

They do not accept the "recommendations" of the financial international organisms because they

are harmful to the interests of the population, of the nation and of Latin America, the measure in

which the government’s move away from the capitalism they will enter to the political system and

to the economic model of the good one to live, to propitiate a growth and development in tuning in

with the preservation of the nature and the respect to the mother land (Pachamama), in this

conception it is that one gives the nationalization of the natural resources in a dynamics of colonial

dismiss and capitalism dismiss , a disassembly of the injustice , plunder, depredation, discrimination,

authoritarianism, etc.

Dialogue – negotiation

The reform of the State, in general, is not easy, not understandably initially, because before the

new thing always there is opposition or resistance to the change especially of the conservative

sectors and of the reactionary elites, especially when it exists incomprehension, distrust, rancor and

historical perfidies, etc., the good one to live, neither is synonymous of democratic socialism,

communism, anarchism, social democracy nor is simply a new socialism of the 21st century.

The good living is the dictatorship of a class on other one, consists of the fact that the social classes,

races and ethnics coexist, far from be considering to be enemies work together for the common

good, to target the concept of which the well-being of others also me favors, that my progress has

direct relation with that of other persons, in a frame where the ancient thing and the contemporary

thing produce a new existential conjugation politician - socio-cultural.

" The traditional Bolivian leftists, was looking at the world with the traditional economic of the Soviet

thought and was saying: " and you what is your job? " " In the land " " Well, you are peasant, forget

to be Aymara, Quechuan or Guarani ". And it was reducing it of way economics to it, was taking

from him his secular identity - his form of life, his values, etc.-, and clear, there was remaining

neutralized " (Sader E., 2008, p. 23).

The reform of the State is not an effect of the authoritarianism or governmental dictatorship, of the

consensus, but of the putting jointly across the dialog and the negotiation either, and this one has

to see with the correlation of forces accumulated by the actors, protagonists, historical subjects and

social movements, this happens in a context of social conflict, which has not been exempt from

attempts street of coups d'état, insubordinations, violence, etc.

New model of political system

East phenomenon of the humanity happened in Latin America is the result of an intense mobilization

with a full and active participation of enclosing character of massive form of the citizenship, is a

social construction that represents a break with the postmodern era and the liquid company, there

take place new roles, status, procedure of conviviality and of coexistence societal, antithesis of the

product of the capitalism.

5

The pioneering countries in the refoundation of the State are Bolivia and Ecuador, have turned into

source of continental inspiration into the fight against the old order (l'ancien régime) nationally and

internationally (Andrea, 2010), this historical fact is observed by other countries out of the Latin-

American enclosed continent by Europa's countries (Red and Beach Her, 2010) (Donovan, 2001).

The reform of the State is based on libertarian theoretical and practical precedent who is of benefit

to the company, when the values more that enunciated are executed especially the transparency,

honesty and account surrender in the public management, distribution of wealth, food sovereignty,

etc., it is a change politician - social-cultural-económico who is not the result at one stroke of State,

insurrection or of any revolution, there is across ciudadanizar the constituent power that it is born

in the base and not across a " democratic centralism ".

The participation of the population in problems of the State is done of a direct form across

communal assemblies, opened chapters, referendums, plebiscites, initiatives, and diriment of civil

law of the government employees' mandate chosen by universal suffrage, etc., the power is of the

sovereign one. It is a recovery of the roots and historical memory, which have been insulted, in other

cases distorted by the imperialisms and the "national" oligarchies; the Educational national system

turns into a transverse axis to form new citizens with different national and continental identity.

CONCLUSIONS

The recondition of the State is a new paradigm, which makes way for itself with his innovations,

changes and transformations in the company, nevertheless, this one uses of the conceptual,

theoretical, doctrinal and institutional set of instruments of the capitalism, is not a radical change

that takes place overnight, is a process, which due to the social facts s, can consider that it advances

significantly, it is possible to perceive on having observed that a few structures have been modified,

others are in routes of reforms and some others are new.

The change of structures inside the process of recondition of the State has driven to create new

social relations, they demonstrate in the interpersonal relations, are located in the horizontal order,

with the due respect of the ethnic, racial, cultural, religious particularities, etc., a new form of life is

constructed, in spite of the differences, there is interwoven a new general culture, which allows the

conviviality, by the due tolerance towards to other one.

The recondition of the State does not answer to currents of euro centrism -American thought, to

international organizations' limits either, neither it is a modernization of the State or a neo-

constitutionalism; but we depart from this premise it will be really difficult to understand what

happens in Latin America.

6

Bibliography

Andrea, F. (2010). Reformas estructurales de fondo para la refundación del poder político

en México. Boletín Mexicano de Derecho Comparado, XLIII(129), 1036–1053.

Chevallier, J. (2003). La gouvernance, un nouveau paradigme étatique? Revue Francaise

Daministration Publique, (105-106), 201–217. doi:10.3917/rfap.105.0203

Donovan, M. (2001). Nationalism, democracy and state‐rebuilding in Italy. Perspectives on

European Politics and Society, 2(2), 241–259. doi:10.1080/1570585018458761

Peñate, O. M. (2014, August 10). Crisis del Capitalismo. Retrieved from

http://ssociologos.com/2014/10/08/crisis-del-capitalismo/

Prada, R. (2010, October 22). La Refundación del Estado en América Latina. ALAI.

Retrieved from http://alainet.org/active/41836

Rojo, A., & Varela, E. (2010). Las eurorregiones como motores de la refundación europea:

una aproximación politológica. Razón Y Palabra, (74). Retrieved from

http://www.razonypalabra.org.mx/N/N74/monotematico74/01-M-Eur.pdf

Sader E. (2008). Refundar el Estado posneoliberalismo en América Latina. Buenos Aires:

Consejo Latinoamericano de Ciencias Sociales (CLACSO). Retrieved from

http://bibliotecavirtual.clacso.org.ar/ar/libros/coedicion/sader/sader.pdf

Sousa, B. (2010). Refundación del Estado en América Latina: Perspectivas desde una

epistemología del Sur. Lima: Instituto Internacional de Derecho y Sociedad. Retrieved from

http://www.boaventuradesousasantos.pt/media/Refundacion%20del%20Estado_Lima2010.

pdf

Valencia, L. (2008). Reforma del Estado para la gobernabilidad democrática en México.

Política Y Cultura, (29), 11–39.