Uma visão encantada dos direitos humanos da criança: oferendando um caruru de erê contra as quizilas jurídicas

Abstract

This dissertation investigates the presence of adultocentrism, whiteness, and modern/colonial racism and their impacts on Law, considering the abstract legal subject as a starting point. Through a literature review inspired by the methodological metaphor of the ethical diamond, by Joaquín Herrera Flores, the study is structured in three chapters: in the first, the origins of Legal Science are discussed as a product of Modernity/Coloniality and its imposition of corrective norms over othered bodies, especially children's, gendered, and racialized bodies. The second chapter addresses the construction of African identity from its worldview, highlighting the resistance represented by Afro-Brazilian religions and seeking to make visible their struggles against the whiteness of Law. The third chapter focuses on the interactions between the African worldview and the construction of a more inclusive Law, particularly in relation to children from traditional terreiro communities, challenging the adultocentric and racist status in the Rights of Children and Adolescents. It points to the doctrine of plural protection, based on the methodologies recommended in Resolutions no. 181/2016 and 214/2018 of the National Council for the Rights of the Child and Adolescent as a possible complementarity to the theory of integral protection of children's rights and greater protection for children of terreiro communities. This study not only identifies gaps in traditional theories of Law, but also proposes alternatives arising from the Critical Theory of Human Rights and Decolonial Theories, with the objective of promoting greater protection and participation of children from traditional communities, while facing the paradigms rooted in the legal and social structure.