Direito, devir negro e conflito ecológico distributivo

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Data

2018-08

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Maria Cristina Vidotte Blanco Tárrega

Resumo

The colonial slavery, as a vector of a process of capital organization and the construction of a world system, engenders a perennial disqualification of the Black people and places it on the margins of the Western world, transforming it into a subject of ecological conflicts in the contemporary globalized world distributive, in the fight for their rights. From this and from the perspective of law, it is proposed to reflect on the historical condition of the Negro as a central agent and subject of struggle and resistance in the conformation of capitalism, to re-signify the role of these subjects of law and their struggles in the conflicts originated in the development. An analytical approach is made in the specialized literature on slavery. The ecological conflicts were thought from the political ecology and the racism was approached from the critical philosophy and history. From the results, it is shown that the slave system was central to the construction of the capitalist world system and that modern state law served the institution of this regime, denying the condition of subjects of law to the enslaved. Modern law legitimized the hegemony of the slave owners and the lack of rights to the captives but created the necessary conditions for the insurgency and the becoming of resistance of the enslaved, within the scope of his extended humanity. This resistance is perennial in the face of the advance of the frontiers of progress, which invade the traditional territories occupied by those excluded from law in the capitalist system, especially the Blacks. Distributive ecological conflicts are set up and within them people resist and massacres happen. Racism as a historical process continues.

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Palavras-chave

Direito, Escravismo, Ecologia Política, Conflitos ecológicos distributivos, Comunidades negras, Law, Slavery, Political ecology, Distributive ecological conflicts, Black communities

Citação

TÁRREGA, Maria Cristina Vidotte Blanco. Direito, devir negro e conflito ecológico distributivo. Revista da Faculdade de Direito da UFG, Goiânia,. Goiânia, v. 42, n. 2, p. 120-140, maio./ago. 2018. Disponível em: https://www.revistas.ufg.br/revfd/article/view/56534/27026.