MULTICULTURALISM AND HUMAN RIGTHS IN INDIGENOUS TRADITIONAL PRACTICES: A BRIEF ANALISYS FROM THE BRAZILIAN LAW PROJECT Nº 1.057/07

• Autor(a) principal: Cardoso Squeff, Tatiana de A. F. R.
• Data de Publicação: 2019
• Outros Autores: Monteiro, Michelle Alves
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Direito UFMS
• Texto Completo: https://periodicos.ufms.br/index.php/revdir/article/view/6657

The practice by some Brazilian indigenous people of sacrificing children for reasons that go according to each indigenous group led to the creation of Law Project number 1.057/2007, also known as “Muwaji Law”. Such proposal discusses about the criminalization of this practice, which is evaluated harmful as regards the treatment of children. It happens that, for some groups, such cultural manifestations are not conceived as detrimental because they have a different conception of life. Therefore, the discussion focuses on the debate about the (im)possibility of relativizing the right to life, due to the right to difference, to multiculturalism. In this way, the present article aims to analyze, at first, the conception of culture and cultural identity to, from this, deal with cultural diversity, based on the right to difference, as well as the anthropological theory derived from it, the cultural relativism and their divergence from ethnocentrism. Subsequently, the historical construction will be approached for the guarantee of human and fundamental rights, in order to understand the fundamental role of the dignity of the human person for the realization of these rights. Finally, the Law Project nº 1.057/2007 will be appreciated, exposing the arguments of the existing theories on the subject, pointed out in the other chapters, concluding for the need of a legal pluralism against the plurality of cultures that cover Brazil.