Constitutional design in new democracies.

It is not a simple task to define the elements that must be considerate in a constitution project, especially in complex and asymmetric new democracies. However, there are some aspects that should be observed to deal with problems and overcome obstacles in the constitutional design. Thus, a constitutional project in new democracies does not come just from formal procedural decisions, but rather, should be based on decisions compatible with different conceptions of democracy in a pluralist society. Nonetheless, sometimes, political forces, work from top-down in the constitutional design, to keep some interests, with a lack of normative expectations, that may lead to a backlash from institutional structures. Consequently, the goal of this paper is to support that the constitution must be connected with the community, rewriting the borders of constitutionalism, with a popular-polycentrism in the constitution design, to increase the legitimacy of the charter, sidestepping democratic issues