CULTURA JURÍDICA BRASILEIRA: CONTRIBUIÇÕES CRÍTICAS SOB A PERSPECTIVA ANALÉTICA DUSSELIANA

Abstract

Modernity is hegemonically viewed as the conceptual depiction of European civilization, Enlightenment reason, and the emancipatory rationalization of science and development, starting in the 17th and 18th centuries. However, it is conceivable to claim that this term hides a dark "face" by adopting a decolonial critical worldview. Since 1492, elements that demystify the modern hegemonic narrative through violent colonizing processes in Latin America, which, in contrast to what is considered hegemony, express violence, perversity, and exclusion as basic characteristics of the phenomenon, can be seen in the dynamics of European expansionism. From a critical methodological standpoint that re-signifies research to a non-dogmatic absolutization of knowledge itself and seeks to demythologize traditional consolidations, we notice that the hidden side of Modernity creates social developments in which violence, inequality, and hegemonic cultural meanings impregnate themselves and create a new conjuncture: coloniality. Brazil's political, legal, and cultural creations are not just the consequence of this contemporary phenomenological process, but also a reflection of colonial dominance. Recognizing law as a cultural expression, it is seen that the work's primary notion, legal culture, is also a manifestation of contemporary colonial dominance. Based on Dussel's analytical approach and bibliographical research with a qualitative approach, we can identify unique contributions to Brazilian critical thought and the formation of a critical legal culture par excellence, which seeks its foundations of rationality and operational logic in an ethic of alterity that thinks from the edges, the peripheries, and subjects without rights. Thus, political demands of justice can be revealed that bring historical subjects out of the limbo of non-existence and into an ontic acknowledgment of their own existential dimension.