Sociological Pluralism of Rights: from legal modernity to democratization of Law
Sociological Pluralism of Rights. Legal Modernity. Participatory Actions. Democratization of Law.
The thesis highlights the confrontation between the state law and other sources of legal normativity of extraestatal nature, silenced or excluded by the narrative of modernity. On the one hand, to protect an alleged exclusivity of the state to control and conflict resolution, was founded around the framework of a legal doctrine grounded in a self-referential system and self-validation, which not only covers the formal protection of values, but also serves to ensure the economic, political and underlying power; on the other, we see the existence of several insurgent practices against the state legal domination, found in the form of participatory actions, still isolated, groups and social movements fighting for legitimacy of their interests, the recognition of their identity and their political representation. In this context of crisis, given the dysfunction of the modern paradigm and the need for building a new legal common sense, the research points to the demarcation of another foundation of validity to the legal world, here called sociological pluralism rights, which recognizes above all, these other forms and sources of normativity resulting from sócioparticipativas and community actions, contributing to the creation of a new legal culture, emancipatory and sócioconstrutiva nature, based on the plurality of rights of subjects and validated by criteria linked to their real needs. The basic theory is adopted the Legal Pluralism. Touch the essential theme of the authors as Boaventura de Sousa Santos, Antonio Wolkmer and José Eduardo Farias. This conception necessarily brings with it the underlying idea that there are other horizons of knowledge and legal practices that go beyond those imposed by the state; horizons that contribute prospects interlegality and autonomy, replacing individualism that now know as a right aware of its political function, without attachment to the form or hierarchy, focused on the idea of shared authority (legal and social) and open the parallel eyes turned to democratization of justice.