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This paper embarks on the literature and the practice of Transitional Justice, understood as the transitional process between regimes that violate human rights towards democratic governments, in order to understand how the concept of constituent power, read by Antonio Negri, is part of this event, specifically that of forming a new Constitution. The hypothesis is that the constituent power is there, but that the power (potentia) of the masses is either silenced or used as a mere costume to maintain the interest of the elites. This proposition raises the question of the ineffectiveness of that process, since we would not arrive, in Negri’s terms, in a Democratic state. Since Transitional Justice is an instrument used in the reconstruction of peace in countries, the instability of democracies and their implementation leads to the belief that this procedure is also in crisis. This key of understanding is opposed by the disutopia view of the constituent power, so that it seeks to understand, on the other hand, the Transitional Justice as a form of daily application of the power of the multitude.

CRISE NAS DEMOCRACIAS: UMA ANÁLISE DO PROCESSO DE JUSTIÇA DE TRANSIÇÃO À LUZ DO CONCEITO DE PODER CONSTITUINTE