O Outro: um estudo sobre apatridia, o Estado e o constitucionalismo liberal

This article aims to juxtapose the legal figure of the stateless person, i.e. someone whose right to nationality is, for some reason, violated, with the liberal-constitutional State, thereby highlighting the tension surrounding the notion of belonging in the formation of national identity. This is a qualitative study with exploratory nature, undertaken through a hypothetico-deductive approach that utilizes the technique of bibliographic research, and is divided into five phases. The first two phases provide a brief historical overview of the formation of the European nation-state, the modern State, as well as the position of nationality within this structure. Next, the roots of liberal constitutionalism and its relationship with the modern State are examined, particularly in relation to nationality and the personal dimension of the State. The fourth phase seeks to understand the role of the right to nationality in the post-humanization period of International Law, in relation to liberal constitutionalism within the global state-centric order, especially since the emergence of the figure of stateless persons. Finally, multilevel constitutionalism is analysed as a potential intermediary agent in the tension between eradicating statelessness and maintaining the liberal constitutional structure.