Legal Pluralism and Communitarian Justice in Latina-America: Potentialities from a Sociology of Abscences and of Emergences

Abstract

It is a study that seeks to identify in the context of legal pluralism and the Latin American geopolitical space manifestations of an emancipatory legality, produced outside the monistic conception of traditional law by historically subject (so) denied in its popular culture. The analysis starts from the investigation on the expression of community justice in the context of the Andean countries and an alternative justice in the Brazilian territory, in its various forms and mechanisms, due to the inclusion of a theory of sociology and sociology of absences and emergencies legal paradigm for the global South from the ideas of Boaventura de Sousa Santos. This task meets other forms of justice to say, different from the liberal legal tradition of production in the right atomized individuals, turning their eyes to the realities of Latin American periphery, where there is insertion of a new legal rationale germinated with emancipatory thrust of otherness. Methodology contained in the literature review, desk research and an indirect method and sociological comparison of procedural experience different realities expressed in the Latin American continent is using as a theoretical framework of legal pluralism and participatory community type proposed by Antonio Carlos Wolkmer. It also demonstrates how the results of different manifestations of justice produced or alternatives for integration, identity and social belonging of the subjects involved, may have a bias to the right critical Europeanized legal epistemology, fragmented, exclusionary and hegemonic / colonization