Radical citizenship and access to justice: rethinking the political area in constitutional jurisdiction

Abstract

This paper dedicated to the analysis of radical citizenship, inspired by the philosophical view encouraged by Chantal Mouffe, as a vector of influence and transformation of the ineffectiveness of the access to Justice focused on the constitutional court. From a “democratic revolution” and guided by notions of democratic agonism that finds out in the figure of the other an adversary whose existence is legit and must be respected, expresses the sense of a utopian democracy, towards denying a unified public space. Therefore, from the necessity of multiplication of spaces for participation and inclusion, and considering the protagonism of judicial action that should make efforts to enforce fundamental rights and guarantees, the constitutional jurisdiction arises as a peaceful struggle arena towards access the reservation of justice a backed by the Constituent Assembly.