Legal Dualism and the Bipolar State

@article{Santos2016LegalDA,
  title={Legal Dualism and the Bipolar State},
  author={Cec{\'i}lia MacDowell Santos},
  journal={Latin American Perspectives},
  year={2016},
  volume={43},
  pages={172 - 189}
}
  • C. Santos
  • Published 1 March 2016
  • Sociology
  • Latin American Perspectives
The Brazilian state has contradictory laws, policies and practices with regard to the rights of indigenous peoples. Despite the adoption of a democratic Brazilian constitution in 1988 that incorporated a multicultural conception of indigenous rights and the subsequent ratification of new international norms of human rights for indigenous peoples, the practices of the courts and of the various sectors of the state reflect a legal cultural dualism and a “bipolar” state. The case of the Xucuru… 

Voices from the Past: Conceptualizing a “Fifth World”

There are thousands of extant indigenous societies in the world today whose voices are faint, garbled, and too often suppressed. These societies are seen as constituting a “Fourth World,” generally

References

SHOWING 1-10 OF 45 REFERENCES

SOCIAL AND CULTURAL POLICIES TOWARD INDIGENOUS PEOPLES: Perspectives from Latin America*

AbstractThroughout the twentieth century, social and cultural policies toward indigenous peoples in Latin America have been closely related to indigenismo, an ideological movement that denounced the

Legalizing Identities: Becoming Black or Indian in Brazil's Northeast

Related black communities claim different ethnoracial identities based in laws. Anthropologists widely agree that identities - even ethnic and racial ones - are socially constructed. Less understood

Multiculturalism in Latin America : indigenous rights, diversity and democracy

Acknowledgements Notes on the Contributors List of Tables Introduction R.Sieder Indigenous Peoples and the State in Latin America: An Opening Debate R.Stavenhagen Constitutional Reform in the Andes:

Indigenous Peoples and Democracy in Latin America

Indigenous Peoples and Democracy - Issues for Policy Makers, Donna Lee Van Cott Acting Globally - Indian Rights and International Politics in Latin America, Alison Brysk. PART 1 THE ANDEAN REGION: Of

The Heterogeneous State and Legal Pluralism in Mozambique

This article analyzes some of the most salient features of the state and the legal system in Mozambique. I propose the concept of the heterogeneous state to highlight the breakdown of the modern

The Excluded ‘Indigenous’? The Implications of Multi-Ethnic Policies for Water Reform in Bolivia

Recent legislative changes throughout Latin America have produced a swathe of new laws that include multicultural agendas (Stavenhagen 1996). These laws cover a range of areas, including good

Indigenous Peoples and the State in Latin America: An Ongoing Debate

One of the more remarkable developments that took place in Latin America during the last two decades of the twentieth century was the emergence of indigenous peoples as new social and political

INDIGENOUS MOVEMENTS IN LATIN AMERICA, 1992–2004: Controversies, Ironies, New Directions

AbstractThis review examines literature on indigenous movements in Latin America from 1992 to 2004. It addresses ethnic identity and ethnic activism, in particular the reindianization processes

La constitucionalización de los derechos indígenas en América Latina: una aproximación teórica

THIS ESSAY EXAMINES SOME OF THE DIFFICULTIES THAT THE PROCESS OF CONSTITUTIONALIZATION OF INDIGENOUS PEOPLE'S RIGHT HAS FACED IN LATIN AMERICA, FROM THE POINT OF VIEW OF LEGAL THEORY. THE AUTHOR

Cultural transformation and human rights in Africa

* Introduction - Abdullahi A. An-Na'im * 1. Cultural Transformation and Human Rights in African Societies - Abdullahi A. An-Na'im and Jeffrey Hammond * 2. Human Rights and Cultural Branding: Who