LEGAL PLURALISM AND HUMAN RIGHTS: CHALLENGES AND OPPORTUNITIES IN THE SEARCH FOR INCLUSIVE JUSTICE

Abstract

Over the years, the standardization constructed and imposed by the State through legal instruments to regulate social relations began to present considerable gaps, requiring a legal reorganization in the face of new demands presented due to new concepts, sociability, reorderings and epistemes originating from evolution of individuals and social relations. The diversity of sources of legal pluralism presents significant challenges for the effective protection of human rights, as the harmonization, application and recognition of these sources in search of justice that reaches everyone is not always a simple task. Thus, the present scientific article aims to analyze the implications of legal pluralism in the protection and promotion of human rights, with the specific objectives of discussing the origin and foundations of legal pluralism in Brazil, identifying the challenges and opportunities arising from the coexistence of different legal systems, to build a more comprehensive, inclusive and accessible justice, and analyze legal pluralism as inclusive justice. In this scientific article we will use carry out a literature review, based on legislation, theories and textual analysis through bibliographic reviews that covered current standards, doctrines, scientific articles and magazines and websites of reliable sources.