The fights for rights based on the epistemologies of the South and the potential of the New Latin American Constitutionalism

Abstract

The present work proposes a problematization of the dominant theory of human rights from the epistemologies of the South. It aims to indicate the decolonial potential of the New Latin American Constitutionalism with a view to the fights for the rights of subalternized peoples. Such commitment affirms the importance of historical processes and human rights texts, as well as provokes reflections on colonial-patriarchal hegemony in the face of deeply diversified realities. For realization an interdisciplinary theoretical research, qualitative, of content analysis, enables a decolonial understanding of the problem from the hypothetical-deductive approach. Choses the use the term decolonial, rather than decolonial, understanding that the term represents an epistemological, practical and political resistance from insurgent behaviors to promote plural proposals. Some conceptions of human rights coloniality are affirmed, analyzing their limitation to the scope of particularities and pluriversities of subordinate lives, in perspectives that contemplate the discourses of struggles for rights as they are practiced in various struggles for decolonization. In this sense, the promotion of new cultures of human rights based on the plurality of legitimate desires for dignity is enhanced. It provides significant elements for advances in debates aimed at consolidating resistance to the phenomena of Eurocentric coloniality and modernity. From the epistemologies of the South, the unveiling of power relations that use the categories of race and gender is demonstrated, strengthening new epistemologies and paradigms for the decolonization and depatriarchy of society.