Zetética e dogmática, um diálogo (im)possível?: uma crítica antropológica ao decisionismo jurídico ocidental

Tipo
Dissertação
Data
2016-11-29
Autores
Grampa, Victor Henrique
Orientador
Pinto, Felipe Chiarello de Souza
Título da Revista
ISSN da Revista
Título de Volume
Membros da banca
Menezes, Daniel Francisco Nagao
Ghirardi, Jose Garcez
Programa
Direito Político e Econômico
Resumo
This paper seeks to find out whether "the dialogue between the sciences of Law and Anthropology is possible", and if so, "what are the possible contributions from such dialogue and its potential epistemological obstacles?” Three hypotheses are presented from this: 1) "the dialogue is not possible considering two different views, i.e., zetetic and dogmatic"; 2) "as long as some relativization is considered, the dialogue between those two fields is possible in a less categorical division between both zetetic and dogmatic views"; and 3) a middle ground between the two first ones. The main objective of this research is to "analyze distances and proximities between the sciences of Anthropology and Law and their possible contributions." The specific objectives are to "verify the implication of such contributions on the aforementioned fields," and to "critically analyze how such fields of knowledge interrelate as well as the reasons why they occur to a greater or lesser extent, if possible." This research used the critical literature review as the scientific method for analysis. In summary, the theoretical reference is Tércio Sampaio Ferraz Júnior, Orlando Villas Bôas Filho (in his reading of Niklas Luhmann and Legal Anthropology), and Pierre Clastres. The research problem lies in a challenging area that is highly relevant due to the difficulties found in cultural and legal pluralism: "the difficulty of communication between Law and cultural pluralism, especially with the pluralist contributions of Anthropology, which are often not taken into account in the legal decision-making. This situation leads to the research problem, since it is necessary to find out whether such dialogue is possible or not and what are its implications. In one of the chapters, we seek to structure the "scientific constitution of these fields through the discussion between zetetic and dogmatic theories," supported by Ferraz Júnior and Luhmann’s work. In the next chapter, we delimited some historical periods between both Law and Anthropology from the 19th to 21st century," based on Eric J. Hobsbawm and Villas Bôas Filho's work. Then we sought to verify "some possible contributions to Law through the constitution of Social and Legal Anthropology, considering the impacts on Western political power and the pluralist structures, such as the plurinational states," based on the work of Pierre Clastres and indigenist theorists. Finally, we conclude, "it is possible to bring Law and Anthropology close", and, although the epistemological obstacles exist, they derive from a structuring of the modern society, especially from the conceptualization of political power as command-obedience and the purposes of such rationality, rather than from some a priori epistemological obstacle.
Descrição
Palavras-chave
direito constitucional, político e econômico , antropologia política, jurídica e do direito , pluralismo jurídico e etnocentrismo , etnocídio e genocídio , direitos humanos e diversidade , Pierre Clastres
Citação
GRAMPA, Victor Henrique. Zetética e dogmática, um diálogo (im)possível?: uma crítica antropológica ao decisionismo jurídico ocidental. 2016. 123 f. Dissertação (Direito Político e Econômico) - Universidade Presbiteriana Mackenzie, São Paulo.