Pluralismo jurídico e suas contribuições para o reconhecimento e o tratamento dos povos originários: um olhar para o caso brasileiro
The plurality of norms and regulations is an inherent condition of law itself as a social regulation form. In this respect, pluralism, rather than a theoretical conception, is a material and concrete feature of legal phenomenon. The purpose of this article is to analyze legal pluralism in Brazil, fo...
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| Autores principales: | , , |
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| Formato: | Artículo revista |
| Lenguaje: | Portugués |
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Universidad Nacional del Litoral
2023
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| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/12419 |
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| Sumario: | The plurality of norms and regulations is an inherent condition of law itself as a social regulation form. In this respect, pluralism, rather than a theoretical conception, is a material and concrete feature of legal phenomenon. The purpose of this article is to analyze legal pluralism in Brazil, focusing on the indigenous people reality, from the critical theory perspective, which, in turn, conceives and projects an emancipatory legal pluralism. The question is: to what extend does legal pluralism, from a critical perspective of law and state, contribute to the recognition of Brazilians indigenous people rights? We argued that emancipatory legal pluralism could contribute positively to the native people protection, which we will demonstrate through the analysis of two concrete cases that will dialogue with the exposed concepts. We used a theoretical-conceptual bibliographic research technique. |
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