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} }
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…
One Citation
Voices from the Past: Conceptualizing a “Fifth World”
- Sociology
- 2017
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 46 REFERENCES
SOCIAL AND CULTURAL POLICIES TOWARD INDIGENOUS PEOPLES: Perspectives from Latin America*
- Political Science
- 2005
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
- Sociology
- 2009
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…
Law and Globalization from Below: Indigenous rights, transnational activism, and legal mobilization: the struggle of the U'wa people in Colombia
- Political Science
- 2005
INTRODUCTION In an ironic twist, one of the most powerful challenges to globalization has come from the indigenous peoples whose localized, “pre-modern” existence was supposed to have crumbled under…
Multiculturalism in Latin America : indigenous rights, diversity and democracy
- Political Science
- 2002
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
- Political Science
- 1994
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
- Law
- 2006
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
- Political Science
- 2002
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
- Political Science
- 2002
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
- Sociology
- 2005
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
- Law
- 2003
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…