Deconstruction of democracy and the rule of law in globalization: ineffectiveness of fundamental rights and new barbarism

Abstract

There is in today's literature of the political and social sciences the current use of categories such as “empire” (Hardt & Negri) and “end of democracy” (Castells, Runcière, Runciman and Levitsky & Ziblatt) to indicate a minimally recessive period of democracy crisis. The article aims to analyze the process of deconstruction of democracy and its main institutions. We seek to adopt the bibliographical-critical method to analyze the roots of this crisis through cultural, political and economic globalization. Thus, questions will be raised around the promotion of the material effectiveness of fundamental rights, in this context which Pietro Barcellona calls “new barbarism”. Finally, as a result of the research, it will be concluded that in a context of a crisis of democracy it is important that social actors, especially organized civil society, play a leading role in the process of resistance to political and economic forces intervene in this political paradigm.