A REINVENÇÃO DOS DIREITOS HUMANOS DESDE A CULTURA JURÍDICA LATINOAMERICANA

Abstract

With the empire of positivism inherited from the colonizers, thinking about human rights
from the Latin American political, legal and social context requires knowing that there is
talk of an absence of rights, of failed or delayed demands and of constitutionalist proposals
that, in addition to not being put into practice, cause the peoples’ legal numbness and gives
rise to the enchanting effect of human rights. Based on this premise, using the bibliographic
research method, the objective of this work is to offer reflections on the contemporary rethinking
of legal culture from the Latin American context of human rights, with the critical
proposal of reinventing these rights as processes of anti-legal positivist struggle. Among the
results achieved, there is talk of human rights in Latin America based on their denial and
constitutionalism of a legal positivist nature, as a mechanism for the castration of the emancipatory
potential that carry such rights. Thus, it is necessary to reinvent human rights as social, economic, political and cultural processes, which serve as matrixes for new revolutionary subjectivities.