Banca de DEFESA: ALYSSON MAIA FONTENELE

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
DISCENTE : ALYSSON MAIA FONTENELE
DATA : 29/03/2019
HORA: 09:00
LOCAL: Auditório C do CCHLA
TÍTULO:

SOCIOLOGICAL PLURALISM OF RIGHTS: FROM LEGAL MODERNITY TO DEMOCRATIZATION OF LAW

PALAVRAS-CHAVES:

Pluralism; legal modernity; participatory actions; indigenous justice.

 

PÁGINAS: 251
GRANDE ÁREA: Ciências Humanas
ÁREA: Sociologia
SUBÁREA: Outras Sociologias Específicas
RESUMO:

This study approaches the sociological pluralism of rights. Its general objective is to evidence the conflict between state law and other sources of normativity, of non-state nature, which are silenced or excluded by the narrative of modernity. According to the study, it is possible to demonstrate, in one hand, the constitution of a dogmatic framework based on a self-referring and self-validation legal system, which not only covers the formal protection of hegemonic values but also guarantees underlying economic, political and power interests. On the other hand, it was verified the existence of socio-legal practices that defy this state domination, those in the form of participatory actions of groups and social movements that struggle for the legitimation of their interests, for the recognition of their identities and their political representativeness. One example is the indigenous struggle with the State for autonomy and respect for its decisions regarding internal conflicts. For such intend, it was adopted as base theory the Legal Pluralism, particularly the studies of authors such as Boaventura de Sousa Santos and Antonio Carlos Wolkmer. The sociological pluralism of rights consists in the Idea that there are other fields of knowledge, and spontaneous legal practices that go beyond those imposed by the State, which offer inter-legality, ethics, democratic bases and co-participation perspectives. The idea replaces individualism for a legal science that is aware of its political role, without attachment to forms or hierarchy, focused on the notion of shared authority (legally and socially) and opened to parallel views turned to democratization of justice. It was used the bibliographic method, and the research is qualitative, focusing on the textual analysis and the description of specific structures of conflict solution, based on empirical cases involving indigenous justice (the Xukuru of Ororubá and the community of Manoá). As na outcome of the research, it is brought to light the dysfunctions of the modern legal paradigm and the necessity to establish a new validity basis, in this study named sociological pluralism of rights, which must be capable of recognizing other forms and sources of normativity, in their different formats, patterns and intensities. Also, this new basis must work as a parameter of legitimacy of concrete participatory actions, stemmed directly from social practice, and be able to consider, especially, the real necessities of the people involved and the commitment to the externality of others, as valid standards for the implementation of the law and democratization of justice.

MEMBROS DA BANCA:
Interno - 056.761.694-00 - JOSE WILLINGTON GERMANO - UFRN
Interno - 349700 - LUIZ CARVALHO DE ASSUNCAO
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN
Presidente - 128.529.294-49 - VANIA DE VASCONCELOS GICO - UFRN
Externo à Instituição - WALBER CUNHA LIMA - UNI-RN
Externo ao Programa - 1047726 - ZEU PALMEIRA SOBRINHO