Modern constitutionalism is based on ideas of unity, uniformity and homogeneity: a sovereign state, a nation, a right, a bureaucratic and institutional structure, a culture, an identity. Such unity and uniformity do not constitute the ratification of a pre-existing reality, but a violent break with the past exerted to the extent of the interests of capitalism that has involved the destruction or marginalization of nations, rights, cultures and identities that coexist in the same territory Geopolitical This model, proclaimed superior and universal interest, has survived the processes of political decolonization and has been spread through a Eurocentric, Colonial Legal Canon, which bases the abysmal line, excluding, devaluing and making invisible ethnic, cultural, legal differences , religious, regional, among others.

In this context, the refounding processes of the State and constitutional transformation that have been occurring in some countries of the Global South assume a relevance that is not only local or legal interest. We are referring to political movements that challenge the colonial character of the State and the right, irrelevant the flags of interculturality, of legal pluralism, of demodiversity, of plurinationality and citizen participation. This book aims to deepen the knowledge of these movements that in recent decades have come to question modern constitutionalism, promoted by collective social actors that modernity has excluded, such as indigenous communities in Latin America or most of the oppressed under the apartheid regime In South Africa, whose voices rose in the middle of harsh social and identity struggles.