Legal system diversity and the application of fundamental human rights: A decolonial analysis of a Brazilian indigenous case.

Autor: Ferreira, Luciano Alberto, Palazzo, Fernando, Passos de Freitas, Vladimir, Damas da Silveira, Edson
Předmět:
Zdroj: Tijdschrift over Cultuur & Criminaliteit; 2022, Vol. 12 Issue 3, p84-103, 20p
Abstrakt: Legal system diversity and the application of fundamental human rights – A decolonial analysis of a Brazilian indigenous case: The purpose of this article is to examine criminal justice within the context of legal system diversity. This study aims to identify, within the context of legal cultural diversity, the main challenges that need to be overcome in order to restore peace in an indigenous community in Brazil, more specifically in the case known as the 'first indigenous jury' in the country. In the study, it was perceived that the Brazilian official legal system was unable to restore peace because there was no egalitarian dialogue between different legal cultural systems in interpreting the fundamental human rights at stake. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index