Globalization and neoliberalism and theirs negative consequences in politics and law

This paper aims to demonstrate that the modern notion of politics has been developed in a determined space, the nation-state, which engenders wider political participation, achievement and defense of rights. Economic globalization has produced the growth of global commerce, turning transnational companies into powerful antagonists facing the power of the State by implementing a new international division of work that spreads production to several countries. Neoliberalism, as the globalization operator, conceives a miniaturization of the State, preconizing the reduction of its role in favor of the market producing a gradual erosion of sovereignty, the obsolescence of national boundaries, and, retraction of the public sphere in favor of the market and the loss of the citizen’s political rights. This paper proposes the following thesis: the notion of politics loses its reference of manifestation in a territory-defined political space by transcending the boundaries of the nation-state, for instance, in globalization; and, it can be deduced that a considerable decrease in political participation happened, thus, occasioning a loss in the political stage of a privileged locus to conquer, defend and exercise the rights that progressively fade. This new scenario has generated negative consequences in both the political and legal environment, such as the loss of political power of the State, implying the separation of the citizens from the deciding center, the weakness of the local power, the political apathy, the emptiness of the political debate and social exclusion, negatively compromising the political-legal levels of participation. Economic globalization and neoliberalism contribute to the process of emptying political rights, once the citizens are not permitted to define their destinies in society. The dissipation of social rights is also considered due to the reduction of the state activity which conversely would grant the citizens with dignifying conditions of existence permitting their participation in the political field.