THE COLONIALITY OF LAW:
CONSTITUTIONALISM AND HUMAN RIGHTS AS MODERN CATEGORIES IN DECONSTRUCTION
DOI:
https://doi.org/10.22409/rcj.v8i21.48342Abstract
Fundamental human rights were the result of the political and legal environment of modernity, which did not take into account the existence of subjects other than the ideal and abstract individual, other knowledge and other forms of structuring power. It is in this perspective that it is intended, with the help of the historical-dialectical method and with the use of bibliographic research, to deepen the knowledge about the critical vision of human rights and constitutionalism itself, in order to shed light on the obscure dimension of coloniality, concealed by modern hegemonic thinking. The decolonial perspective, pointing to the unveiling of the domain of the non-European "other" and the universality of Eurocentrism as a way of being, of knowledge and of power, can show the inconsistencies of the dominant understanding of law and, especially, of human rights and their low effectiveness.
