DESCOLONIZANDO OS ESTUDOS DO DIREITO CONSTITUCIONAL:

O CONSTITUCIONALISMO HAITIANO DE 1801 A 1816

Abstract

In order to understand modern constitutionalism, it is necessary to take into account two fundamental aspects defended in the present work: (i) the existence of different constitutional movements in the modern/colonial space-time based on their historical references, which in turn are constituted of their own models, as long as they are based on common assumptions; and (ii) the understanding of modernity from the colonial dynamics and the presence of other historical experiences that also give impetus to the modern project even if exposing its limits. Based on these assumptions, this article proposes to unveil the absence of the Haitian constitutional movement from studies of constitutionalism, questioning its erasure in connection with the concept of coloniality, “black reason” and formulas of silence and to carry out a contemporary analysis of the modern constitutionalism in its colonial relationship, uncovering Haitian constitutionalism from guidelines of the Haitian constitutional movement from 1801 to 1816. The work is aligned with an interdisciplinary research field, mobilizing a methodological combination of critical contribution to traditional theoretical references and bibliographical research and documentary.