Veja grátis o arquivo QUIJANO – Colonialidade do poder enviado para a disciplina de Quijano, Aníbal “’Raza’, ‘etnia’, ‘nación’ en Mariátegui: cuestiones. Mignolo, Enrique Dussel, Aníbal Quijano, Santiago Castro-Gómez, Ramón Grosfoguel, .. Aníbal. Colonialidade do poder, eurocentrismo e América Latina. “Ciências sociais, violência espistêmica e o problema da ‘invenção do outro,’” and Anibal Quijano, “Colonialidade do Poder, eurocentrismo e América Latina,”.
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World of Work Report aibal And Labor Law appears exactly as a right that promoted a true revolution in a tortuous and emblematic field of Private Law: While in the first one, work management was carried out autonomously by the worker, in the second one, the management of the activity was concentrated in the work creditor who assumed the risk, as a counter-legal subordination of the worker BARASSI, It refers to everything that established a racial-ethnic-cultural-epistemic expression in Europe, as an extension of it, that is, as a distinct identity, not subject to the coloniality of power QUIJANO, Thus, the authors point out, that engaging in contracts was not as universal as it may seem at first glance, because gender gives a specific status in liberal theory, although it seeks to present itself as a gender neutral theory MATOS; PARADIS,p.
Barassi contributed to the birth of Labor Law through a dogmatic colonialidad of the work contract, in which the work force and the worker himself was inseparable, something that goes beyond the simple humanization of the locatio hominiswhich is why he needed a protection in specific legal basis.
Labor as free and subordinate labor is today the most important and frequent legal relationship among all the labor relations formed in capitalist society. The main objective of this article is to provide, under a juridical-sociological aspect 2a critical dialogue between the conception of decolonial thinking and the dominant doctrinal approach of Brazilian Labor Law protective core: It seeks to reveal continuities of intersectional subjections structured by a racial-sexual labor division, from colonization, in contemporary labor relations in Brazil, since such types of subjection remain invisible by the prevalent Labor Law doctrine.
The exclusion of certain social segments from power spaces, as a colonial legacy of the unequal distribution of preconfigured labor functions according to race, class and gender, means that the entry into the Brazilian labor market of these groups – specifically black men and, black women – are always precarious, in subaltern positions, poorly paid, characterized by vulnerability of labor rights.
This article is inserted in the paradigm of theories from the South 4which propose, firstly, through a juridical-interpretative theoretical investigation, to analyze the conception of decolonial thinking in the postcolonial studies. For Mignolop. But you made me as an Indian and as an Indian I will fight for liberation. Knowledge Decoloniality in Brazilian Labor Law: The modern power pattern imposed, as a way of labor control, the capitalism allied to codification of the differences between conquerors and conquered through the idea of race 10that is, it is a supposed distinct biological structure that destined some ones in natural situation of inferiority in relation to others; the Nation-State borned as a central form of collective authority control; the bourgeois family institution predominates in sex control; and, finally, the Eurocentric paradigmas a hegemonic form of knowledge production QUIJANO,p.
Curso de Direito do Trabalho.
In the words of Quijanop. Fausto Reinaga Aymara intellectual and activist clearly stated in the s: Moreover, the racial division of labor in Latin America was articulated with gender domination relationship.
It also implies the constitution of colonial society, the transformation of aibal relations under colonial power, the struggles for decolonization, the installation of new dependency relationships, and struggles to deepen or challenge this dependency.
The core of this criticism, as Ballestrinp. As Andrade and D’Angelop. Il contratto di lavoro nel diritto positivo italiano. As implementation of epistemic disobedience, Mignolop.
Subsequently, this conception is related to the prevailing doctrinal approach of the protective nucleus of Brazilian Labor Law – free and subordinate labors – which reproduces the theoretical-temporal parallel of contraposition in face of the slave-servile work, derived from the Eurocentric legal paradigm, exalting the employment relationship as the great achievement of modern society.
Labor Law in Brazil is decolonial deficient to explain the specificity formation of the Brazilian labor social division.
Decolonial thinking and Brazilian Labor Law: contemporary intersectional subjections
For the authorp. Companhia das Letras, Decolonial thinking and Brazilian Labor Law: In general, as discussed by Quijanop. The aporia of the free and subordinate work in Labor Law is exalted as a form of resistance to pure naibal of the will, instituted by contractual individualism, centered in classical liberalism, because, unlike Civil Law, the labor branch recognizes the factual asymmetry among subjects relationship and tried to grant protective legal superiority to the employee ANDRADE,p.
In a critique of the ontological dimension, Everaldo Gaspar Lopes de Andradep.
Decolonial thinking in postcolonial studies The postcolonial studies are permeated by distinct and variable axes, but these are presented as a common characteristic of the methodological effort for deconstructing essentialisms, searching to consolidate a critical epistemological reference to dominant modernity conceptions, that are closely related to the colonial experience COSTA,p.
This is our questioning regarding Labor Law in Brazil and its alleged universality, based on the institutionalized Enlightenment 14 auijano the context of modernity, considering the neutral and hegemonic nucleus as the free and subordinate labor.
So it is not a premodern qkijano, as a folk affirmation of the past, nor an anti-modern project of conservative, right-wing groups, Nazi or fascist or populist groups, nor a postmodern project as a denial of Modernity as criticism of every reason to fall into a nihilistic irrationalism. Far from this, it is necessary to detach from the links of rationality-modernity with coloniality, in the first place, and ultimately with all power not constituted in free decision ppoder free people.
Brazilian Labor Law doctrine is influenced by Eurocentric thinking in its entirety, because when we talk about “Europe” we are not referring to a geographic area or country.
Brazilian Labor Law, assuming the paradoxical free and subordinate labor as the only protective neutral nucleus, assigns rights only to those who are covered by the employment relationship, remaining unseen intersectional subjections articulated by the work margins derived from a racial-sexual division of colonial labor, which is perpetuated by the colonial thinking.
In this sense, the knowledge decoloniality is not only a turning to the left within the Eurocentric ways of knowing, but a disconnection to an academic detachment, to a critical opening that allows the discursive transgression of frontiers, which makes invisible unequal historical distributions in power spaces, manifested also in intersectional subjections at work.
In addition to being simultaneous, such forms of work in Latin America were associated with the idea of race to grant legitimacy to the domination relations domination between colonizer and colonized, as well as to the naturalization of the higher and lower functions in the division of labor. In order to make visible and eliminate intersectional subjections in contemporary labor relations, we must start from the conception that there are groups which inherit the racial-sexual colonization work division that still today have been burdened by precarious work, directed to subaltern specific occupations, with low pay and sub -representation in political and power spheres.
That fulfilled a relevant role to join these assumptions to configurate this new specialized legal branch. Consequently, the performance of precarious and subaltern functions in contemporary labor relationship in Brazil affects workers and peripheral workers, who have been oppressed by race and gender intersectionality since colonization, and who still been silenced by a single Eurocentric matrix narrative of freedom celebration by subordinate labor, as result of colonial thinking still present in the Brazilian Labor Law.
QUIJANO – Colonialidade do poder
July 12, ; Accepted: Thus, it is only after the extinction of slavery colonialidadee a consistent research on the formation and historical consolidation of Labor Law in Brazil could be initiated ” DELGADO,p. In author wordsp. In this last aspect, Quijano explains that the colonial thinking carried out by Eurocentrism consists of: How to cite this article.
Consequently, the control of a specific work form could be at the same time a control of a specific group over dominated people. The parties of an employment contract shall never be legally equal, insofar as the exchange between capital and labor is presented in the same manner as the purchase and sale of the other goods.