ROMPENDO O DOGMA DO DIREITO INDIVIDUAL

BREAKING THE DOGMA OF INDIVIDUAL RIGHTS

Abstract

This article aims to understand the transformations of Modern Law through the force of social movements, especially the breaking of the dogma of absolute individual rights. Based on the analysis of the colonial process, in comparison with the transformations imposed by workers recognizing collective rights in labor relations, the construction of the collective rights of the peoples of Latin America, their territories and the rights of and for nature will be analyzed. Modern Law will be analyzed, its exclusionary and individualistic character, and the importance of the colonial process for the construction of bourgeois society and its Law, as well as the imposition of law on the people of Latin America. The article will study how these changes took place in the internal disputes and contradictions of capitalism, such as the introduction of the collective rights of workers, of the proletariat as a class and, finally, it will study the entry of traditional peoples as collectives or collective subjects of rights, at the same time in which diffuse collective rights were introduced, such as the rights to protect nature, women, workers and consumers, each with their own conflicts in relation to individual rights. Concluding that these collective rights, whether of people or diffuse, are, to a large extent, integrated into state legal systems and recognized in justice systems, but that they remain in frank and open dispute in their formulation and implementation, since the Judiciary has to decide them alongside and in comparison, with individual rights, which are always very well regulated, culturally, and ideologically established.