LEGAL COLONIALISM, THE DECOLONIAL TURN AND THE PRINCIPLE OF THE DIGNITY OF THE HUMAN PERSON IN BRAZIL

Abstract

The present research aims to analyze through the Decolonial Pivot the effectiveness of the Principle of the Dignity of the Human Person towards historically subaltern individuals in Brazil. In this way, it became necessary to understand the historical process of colonization of Latin America and its consequent domination of the Amerindian peoples. Therefore, he categorically used the teachings formulated by Immanuel Wallerstein to understand the incongruities in the functioning of the modern world-system, presented since the theological and scientific clash between Las Casas and Sepúlveda. In addition, to understand the Decolonial Turn, the research used researchers within the spectrum of subalternity, for example: Catherine Walsh, Frantz Fanon, Enrique Dussel, Walter Mignolo. Through the contributions of the researchers, it was possible in the present research to present a historical-social panorama of how colonialism was sedimented in the legal-normative sphere, and, finally, reflections on the principle of the dignity of the human person built on the decolonial rereading for better adequacy with the real needs of Latin American individuals, especially in Brazil. To this end, the qualitative method was used, a bibliographic survey of productions related to decoloniality, legal colonialism and the principle of the dignity of the human person.