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One of the most sensitive fields to globalization is that of the boundaries between States, which are increasingly accessible to migration, but also increasingly controversial over entry and exit control. Therefore, the concepts migration and sovereignty are often opposed, with different perspectives, however there is an underlying constant in such debates: the colonial function fulfilled by international borders and the control of migration, based on theoretical production, that spreads, in more or less subtle ways, the eurocentric paradigms. Such perception gives rise to the need to seek decolonial contributions to deepen the understanding of the apparent paradox between migration and sovereignty. Therefore, it is proposed to adopt a deductive approach method, seeking a interdisciplinary dialogue between decolonial theories and theoretical contributions on the migrations subject. In this way, it is intended to demonstrate some colonial limits and perhaps possible contributions to rethink the relationship between migration, international borders and sovereignty.

This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which substantiates instituting and autonomous processes of government, control and community regulation. The work seeks to relate a democratic scenario of the ‘common’ with the discourses of pluralist and decolonial normativity, in a way that would guarantee not only horizontal communal self-management, but also a legitimate ordering of forms of life, founded on common interest, social relations and interconnected structures. For this purpose the instrument of critical-socio-legal analysis is applied at the intersections with the ‘participative-communitary’ type of legal pluralism. Our proposal is to combine the contemporary meaning of the ‘common’, its relation to the Latin American principles of ‘buen vivir’ (living well) and ‘interculturalidade’ (interculturality), as well as the instituting practice of the ‘common’, that engenders a normativity built ‘from below’, which is in opposition to the traditional positivist and state legal system imposed through colonization in Latin America. Such achievements that, although formalized, are not being successful against institutional ruptures, have ‘cloistered’ the practices of the ‘common’ and made the existence of legal pluralism invisible.

http://dx.doi.org/10.5007/2177-7055.2013v34n67p165O artigo aborda a crise ambiental coligada à água. A governança da água no Brasil começa com a PNRH delineada na Lei n. 9.433 de 1997. Neste marco jurídico, a governança das águas realiza-se com a participação social, envolvimento e negociação dos interessados tendo como unidade de gestão a bacia hidrográfica e a descentralização. Desta forma, a Cidadania tornou-se o eixo estruturante da governança democrática o que implica em conhecimento, e espaços efetivos de participação. Evidencia-se a importância de propor soluções mais abrangentes, num diálogo intercultural que construa alternativas a crise ambiental global que pode ser terminal.

The article analyses some elements of the Andean cosmovision that originated the New Latin-American Constitutionalism, and specially, the right to the water. In this new culture, oriented to the Buen Vivir (well living), the human right to the goods indispensable to the life is seen as a common inheritance, hence projecting itself to all living creatures, as well as to the future generations. This understanding represents a paradigmatic change already present in some Constitutions, as from Bolivia and Equator, assuming the understanding of the community in harmony, respect and equilibrium with life, celebrating the Pachamama (Mother Earth) from which all the living creatures are a part. In this perspective, having the Biocentric Ethics as a fundament, they bound the right to water to the right to the nature, orienting its management to the Buen Vivir. In this context, the political changes and the new social processes of fighting in the Latina-American States gave birth not only to new Constitutions, resulting in new social actors, plural realities and challenging biocentric practices, but, equally, considering the diversity of the cultures from the minorities, the uncontested strength from the indigenous peoples from the continent, the sustainable development policies and the protection of the natural common resources, point to a new constitutionalist paradigm, a Pluralistic Constitutionalism – synthesis of an indigenous, autochthonous, hybrid Constitutionalism.