Traditional Peoples, Law and State
Considerations based on the concept of Humanism in Lévi-Strauss and the Legal Pluralism of Boaventura de Sousa Santos
DOI:
https://doi.org/10.14393/RFADIR-v48n1a2020-47068Keywords:
Traditional Peoples, Veto, National Borders, Customary LawAbstract
This article comes from the research project in progress, entitled: The Migratory Dynamics of Traditional Border People in the State of Mato Grosso do Sul and the Reflexes of Veto Message No. 163/2017, which is part of a larger project "Oguata Guasu and Territory: An anthropological analysis of Guarani mobility on the borders of Mato Grosso do Sul, "funded by the Brazilian National Council for Scientific and Technological Development (CNPq, in the portuguese acronym). The article aims to analyze how legal science and anthropology grounded the construction of the Brazilian legal system, which paradoxically denied the active participation of traditional peoples in their training dynamics. When developing a standard, one of the relevant aspects will be culture, which may or may not be considered by state action. In analyzing this aspect in the light of the concepts of humanism and legal pluralism, the problem is to analyze the historical process of exclusion of traditional peoples from a substantial part of the nascent legal consciousness, resulting in the limited presence of indigenous issues in the Brazilian Federal Constitution of 1988, noting the state's inefficiency on the subject. Through bibliographic research, and based on these concepts, the article will seek to reach the expected result.