Abstract

Constituent processes of Venezuela (1998) and Ecuador (2008), between the charisma and the right. Justicia [online]. 2015, n.28, pp.71-87. ISSN 0124-7441.  https://doi.org/10.17081/just.20.28.1037.

Cases of Hugo Chavez in Venezuela and Rafael Correa in Ecuador, have shown a new problem facing the choice of leaders from Latin America: the possibility of change the right, through the use of charisma, it is shown radiating from the entire legal system the same constituent process; through the use of discourse analysis, the history of law and comparative law, this article aims to shed light on whether the charisma front, headed by the leaders, affect the law and whether the interests of the electorate are confused by the leader or otherwise, such processes are the expression of the primary constituent; Also evidence that the relationship of the charism and the right to it is common human nature, so the process is not a single cause but will complement each other; this delivery want to emphasize the importance of identifying factors affecting the right, to thereby leave the enclosure of the legal and other factors make their way to complement it.

Keywords : Constituent Process; Constitution; Charisma; Ecuador y Venezuela.

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