The latin American paradigm of indigenous jurisdiction and the Brazilian panorama

• Autor(a) principal: Tonet, Fernando
• Data de Publicação: 2017
• Outros Autores: Souza, Matheus Figueiredo Nunes de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/3338
• topic: New Latin-America Constitutionalism; Legal Pluralism; Transconstitutionalism; Polycontexturality.; Sociologia Jurídica; Novo Constitucionalismo Latino-Americano; Pluralismo Jurídico; Transconstitucionalismo; Policontexturalidade.

The world changed. The society is an era full of interconnected communications in a hypercomplex level - social phenomena can be presented in many different ways to many different legal systems. In Latin America, the process was not different. With the rise of the “New Constitutionalism Latin American”, founded on democratic, integrative and participatory principles, new forms of government have emerged - the old Republican State, Colonial, with a people, territory, and government, withered. Multiculturalism, plurinational and various legal dialogical games won voice before the extirpation of monocentralism gag. The example of Bolivia and Ecuador, indigenous peoples, which were not even constitutionally recognized as people of these states, now have autonomy and are able to manage and solve their own conflicts. In this path, it is necessary to analyze the Brazilian panorama, given that many indigenous people have no voice to self-determination - the “white man” still seeking to intervene that is within your reach. Therefore, it is imperative to rethink the national situation using the Transconstitucionalism theory in order to maintain a constitutional conversation to resolve conflicts between indigenous law and state law.