Abstract:
The scope of this paper is set out in the analysis of the human rights violation case of the Xukuru indigenous tribe, submitted to the inter-American human rights system, under the guise of participatory community legal pluralism, theorized by Antonio Carlos Wolkmer and the theory criticism of human rights, worked by Joaquín Herrera Flores and David Sánchez Rubio. In this context, the object of this work is to demonstrate the correlation with the aforementioned theories, and its sociological contribution to the critical and pluralistic perspective of human rights. This claim is justified in the face of the crisis of traditional human rights theory, which requires formulation of its foundations, based on a critical proposal that considers the complexity of the real world and pluridiversity exists. Finally, it seeks to portray the insufficiency of the current dominant paradigm, that is, legal monism, faced with the processes of struggle and resistance of historically oppressed subjects, as in the present case, the Xukuru tribe.
