Repensar o direito a partir da decolonialidade: a proposta de Wolkmer como alternativa ao modelo jurídico hegemônico no brasil

Abstract

This study aims to critically analyze the hegemonic legal model in Brazil and discuss the emergence of legal pluralism as a theoretical, political, and practical alternative for the democratization of law in the country. The research is based on the premise tát. the Brazilian legal system has been historically structured on the pillars of state positivism, Eurocentric rationality, and the exclusivity of the State as the sole legitimate source of normativity, thereby disregarding the multiple forms of law production and application present in local sociocultural experiences. Using a qualitative and exploratory approach, grounded in bibliographic review and critical analysis of key works by authors such as Antônio Carlos Wolkmer, Boaventura de Sousa Santos, and Ramón Grosfoguel, the study demonstrates that legal pluralism — understood as the legitimate coexistence of different normative systems within the same social space — constitutes a concrete response to the legitimacy crisis faced by modern, monistic, and exclusionary law. The research further discusses how the 1988 Federal Constitution, despite formally recognizing the original rights of Indigenous peoples and traditional communities, remains limited in the effective implementation of these rights due to structural and institutional barriers. It concludes that plural legal practices, such as community justice, peace circles, and customary forms of conflict resolution, not only resist the state-centered model but also emerge as innovative and promising experiences for building a more pluralistic, dialogical, democratic, and socially rooted legal order in the Brazilian context.