Entre a universalidade dos direitos humanos e a hermenêutica diatópica: análise a partir do Caso Povo Xukuru vs. Brasil da Corte Interamericana de Direitos Humanos

Abstract

In an increasingly globalized and multicultural society, the difficulty of applying the universality of human rights is greater in face of such diverse and particular conceptions of the world. Thus, it is in this changing society that it is considered important to investigate how human rights should be applied in the case of the brazilian indigenous people. Here, therefore, the problem of the present research emerges: can the diatopic hermeneutics formulated by Boaventura de Sousa Santos be an effective instrument of interpretation and translation between cultures in the debate on indigenous human rights? In an analysis based on the Xukuru People vs. Brazil Case of the Inter-American Court of Human Rights, the hypothesis is positive, because the diatopic notion carries a discourse of respect and acceptance through dialogue and tolerance with others. Through the dialectical method, the research is one of bibliographic and documentary type, with descriptive, explanatory and exploratory objectives, with a qualitative approach. As a general objective, it is intended to analyze whether the diatopic hermeneutics can contribute to the indigenous human rights debate, based on the case of Xukuru People vs. Brazil of the Court. In conclusion, it is considered that human rights are not and can not be understood only as a set of empirical norms issued by governments. In fact, such norms need to be articulated to the broad cultural spectrum of the analyzed people, in order to give effect to the fixed rights, with the diatopic hermeneutics being an instrument for this purpose, considering the analysis of the practical case.