Direito, interculturalidade, tradução e emancipação: um diálogo com Boaventura de Souza Santos e Aroso Linhares

Abstract

In the current social dynamics, there has been a notorious context of prostration of law before other instances, such as politics and economics, especially in Brazil, and this phenomenon carries the danger of emptying and weakening the law. Therefore, the present article proposes to analyze the ontology and the teleology of the law, from a perspective of interculturality, translation and emancipation, in order to sharpen more clearly what is the law and what it seeks to implement. For this, this paper will make a bibliographical review, with theoretical reference in the works of Boaventura de Souza Santos and José Manuel Aroso Linhares. With the work of Boaventura, the teleology of law, understood as emancipation, will be approached, while the work of Aroso Linhares will deal with the ontology of law, understood as a cultural experience, a culturally situated project. In the Ontology of Law, the article will analyze the possibilities of the law to solve the question of interculturality, constructing "possible consensuses", an idea that is similar to the idea of justice. In the teleology of law, this paper will analyze how the law should face the various types of exclusion / fascism, to achieve its goal of emancipation. Following, this paper will adress the translation, as method and substance of the law and a possible forum for intercultural dialogue. Finally, the conclusion reached by the article calls for the law to be taken seriously in its role as a culturally possible interlocutor, and its autonomy and essence must be respected, so that the same law enables a translation effort, as a continuous experience, not static, free of universal concepts.