Decolonializing Brazilian Law: The Judiciary and the 'Decolonial Filter'

28 Pages Posted: 1 May 2020

Date Written: May 7, 2020

Abstract

This article seeks to discuss the process of decolonization of legal theory and Brazilian law that is beginning to take shape in the Brazilian academy. From the analysis of a practical case, it intends to show the mistakes of the hegemonic Eurocentric matrix in official law and domestic legal thinking, and the need to overcome this model in attention to the existing multi-ethnic, plurinational and multinormative reality, historically and constantly neglected and invisible. In short, it wants to present tools for operating a careful “decolonial filter” of institutes and rationality, above all, for the privileged place of the Judiciary.

Keywords: eurocentrism, decolonization, multinormativity, decolonial filter, interculturalism

Suggested Citation

Borges, Guilherme Roman, Decolonializing Brazilian Law: The Judiciary and the 'Decolonial Filter' (May 7, 2020). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2020-15, Available at SSRN: https://ssrn.com/abstract=3595448 or http://dx.doi.org/10.2139/ssrn.3595448

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