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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prolongation of anything, is unpublished, there has to see neither with engineering nor social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
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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
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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).
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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
hich the go er e t’s o e a ay fro the capitalis they ill e ter 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.
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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.
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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.