Hacia un garantismo jurídico-político global. Fundamentos iusfilosóficos para una “constitución de la tierra"

Abstract

This paper analyzes Luigi Ferrajoli’s theory of the
“Constitution of the Earth” in the context of a global
crisis that threatens the very existence of humanity. The
main objective is to examine, from a legal-philosophical
perspective, the foundations of a new legal theory
with a planetary scope, which would allow us to face
universal challenges such as climate change, poverty,
inequality, war, and job insecurity. The study is based
on a theoretical examination of philosophical and legal
sources, developed through documentary analysis, to
clarify how Ferrajoli formulates global guarantees. For
this reason, the present study is based on theoretical
analysis from legal and philosophical sources, as well as
documentary research, specifying how various authors,
from Kant to Professor Luigi Ferrajoli, have formulated
a Constitution of the Earth, although the latter does so
from a global perspective of guarantees. Based on this
analysis, the project of a “World or Earth Constitution”
is presented as an institutional model, a proposal that
gives meaning to fundamental rights and common goods,
which, in their ideal form, require concrete guarantees
from institutions, society, etc., capable of addressing the
legal consequences within a supranational framework. Its
scope, therefore, must be evaluated in terms of specific
legal conditions of implementation and compliance, rather
than its formulation as a normative ideal.