Encantamento do direito pela filosofia popular brasileira

This article seeks the interrelationship between the cultural aspects of Law and their contextualization based on Brazilian popular philosophy, bringing as a proposal constitutional decolonization through the marginalized epistemologies of “terreiro peoples” and the categories of collective subjects of Law. In this sense, the article works under the theoretical framework of critical thought on coloniality, going through the socio-historical construction of Law as a Modern/Colonial device for controlling otherness, with the creation of the absolute other. From the perspective of the coloniality of power, being and knowledge, the article criticizes the founding epistemology of constitutional theory, rooted in Eurocentric rationality, betting on pluridiversity as a democratic power for the exercise of citizenship. As a result, it identifies the epistemological “ebó” of Law as a reading key for constitutional decryption, using riotous philosophical analysis as its theoretical-political backdrop, as it suggests, though, a popular constitutional theory.

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Publication Details

Journal
Revista de Ciências do Estado
Published
2024-09-16
DOI
https://doi.org/10.35699/2525-8036.2024.51777
Primary Topic
Political Theology and Sovereignty
Type
article
Field-Weighted Citation Impact
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article

Encantamento do direito pela filosofia popular brasileira

Danilo Sardinha Marcolino
Revista de Ciências do Estado
Political Theology and Sovereignty
article

Encantamento do direito pela filosofia popular brasileira

Danilo Sardinha Marcolino
article en

Abstract

This article seeks the interrelationship between the cultural aspects of Law and their contextualization based on Brazilian popular philosophy, bringing as a proposal constitutional decolonization through the marginalized epistemologies of “terreiro peoples” and the categories of collective subjects of Law. In this sense, the article works under the theoretical framework of critical thought on coloniality, going through the socio-historical construction of Law as a Modern/Colonial device for controlling otherness, with the creation of the absolute other. From the perspective of the coloniality of power, being and knowledge, the article criticizes the founding epistemology of constitutional theory, rooted in Eurocentric rationality, betting on pluridiversity as a democratic power for the exercise of citizenship. As a result, it identifies the epistemological “ebó” of Law as a reading key for constitutional decryption, using riotous philosophical analysis as its theoretical-political backdrop, as it suggests, though, a popular constitutional theory.

Revista de Ciências do EstadoVol. 9(2)
Universidade Federal do Rio de Janeiro (BR)
Openalex Percentile: Top 53%
Political Theology and Sovereignty
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