Dissertação
Colonialidade, transmodernidade e diferença colonial: para um direito situado na periferia
Fecha
2020-02-28Autor
Rayann Kettuly Massahud de Carvalho
Institución
Resumen
This dissertation addresses an analysis of law from the decolonial turn. The
main objective is to demonstrate that law is an important social category and theoretical
category for understanding modernity/coloniality. For this, we map the way in which the
decolonial authors understand the law. At first, the writings of Aníbal Quijano are analyzed.
In the second moment, the contributions of Enrique Dussel. Finally, Walter Mignolo's work is
examined. This current is organized around the Modernity/Coloniality Group and is
characterized by the realization of a situated criticism, since its exteriority from modernity.
That is, the infinities of cultures, knowledge, memories and stories that were hidden by the
supposedly universal Eurocentric modern narrative. Thus, decolonial thinking understands
that the beginning of modernity is not about European experiences, but its inaugural moment
is the invasion of America. Thus, modernity has a hidden and violent side called coloniality,
responsible for disregarding and silencing realities and temporalities that coexist with
European modernity. These contributions make it possible to understand the present time and
the law in a more appropriate way.