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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Podef as free and subordinate labor is today the most important and frequent legal relationship among all the labor relations formed in capitalist society. In a critique of the ontological dimension, Everaldo Gaspar Lopes de Andradep. The dominant Brazilian Labor Law doctrine imported the Eurocentric legal-labor paradigm and extolled the free and subordinate labor as the central object of this Labor Law, reproducing, included, the theoretical-temporal parallel of contraposition between slave and servile labor in order to condemn them and to exalt the employment relation as the great conquest from the ppoder society recognized by the bourgeois Liberal State ANDRADE, D’ANGELO,p.
The Argentine author explains:. The aporia of the free and subordinate work in Labor Law is exalted as a form of resistance to pure autonomy 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.
The postcolonial approach establishes a production process critique of scientific knowledge that, favoring Eurocentric matrices, reproduces the logic of the colonial relationship COSTA,p.
According to Grosfoguelp. About this form of manifestation, which becomes invisible the true relation and shows just the opposite of it, resting all juridical conceptions about the worker and the capitalist and all capitalist mode of production mystifications, all its illusions of freedom MARX,p, However, as Quijanop.
Thus, the decolonization of knowledge is a project of epistemic detachment in the social sphere, as well as in the academic sphere, that is a dimension of the social MIGNOLO,p. In this sense, the category race, originated and globalized from Latin America, operates in each of these planes, means and dimensions, material and subjective, within daily social existence and societal scalep.
The social thought that emerges from this historical experience is called ‘Southern theory’. As Walter Mignolo emphasizes, in 18 th century, European secular philosophers celebrated the theology abandonment and the advancement in direction of rational scientific world where the truth is replaced by the belief, but quiajno within the same Eurocentric abstract paradigm Mignolo,p.
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.
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: 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.
However, what Mignolo and Quijano propose is different: The authorsp. 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 colonialodade subjection remain invisible by the prevalent Labor Law doctrine.
Dlp. This problem also emerges from the way which the scientific revolution and the Enlightenment itself were conceived: So it is not a premodern project, 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.
Acesso em 13 mar. Revista Brasileira de Sociologia do Direitov.
Decolonial thinking and Brazilian Labor Law: contemporary intersectional subjections
In general, as discussed by Quijanop. Whatever it may be called and analyzed, this historical experience -as, it should be remembered, involves most people in the world – is crucial to social theory. Brazilian Labor Law; Decolonial thinking; Intersectional suijano. 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.
From this perspective, the phenomenon of power in modernity was characterized as a type of constituted social relation by the permanent co-presence of three elements – domination, exploitation and conflict – that affect areas of social existence, among which we can note work; the space of collective authority; the sex, within their resources and products; and the modes of knowledge production capable of shaping subjectivities QUIJANO,p.
All other forms of thinking that is, by interfering with the organization of knowledge and understanding and of acting politically, that is, forms that are not decolonial, what means to remain in imperial reason; that is, within the imperial identities policies MIGNOLO,p. In author wordsp. The Marginalized female and male workers are less likely to engage colonialidaade an employment relationship, what means formal arrangements for subordinate work colonoalidade by social protection or regular earnings.
For the author, identity policy is based on the assumption that identities are essential aspects of individuals, which can lead to intolerance, and fundamentalist positions in identity policy are always a danger Mignolo,p. From the point of view of modern liberal-Eurocentric thinking, still extolled by Brazilian Labor Law, slavery, servitude and independent commodity production have conceived as a historical succession prior to the commodification of the labor force, that is, they are pre-capital.
QUIJANO – Colonialidade do poder
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 quijsno of inferiority in relation to others; the Nation-State borned as a central form of collective authority control; the bourgeois family colonixlidade predominates in sex control; and, finally, the Eurocentric paradigmas a hegemonic form of knowledge production QUIJANO,p.
First, the unilineal and universally valid historical theory about the known forms of labor, propagated by contemporary labor doctrine, needs to be questioned. World of Work Report Therefore, the decolonial thinking is necessary for the Brazilian labor doctrine, because the last one still celebrates a discourse that appears as universal, colorless and asexual, in which free and subordinate labor reveals itself with a great transhistorical conquest in the face of slave and servile labor.
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, However, this legal subject exclusion of labor in Brazil, as all countries in South, is not uniform: 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.
For the authorp. Above all, it goes beyond to overcome the intersectional continuities of subjection 3 structured by a racial-sexual labor division, derived coloniaalidade colonization in Latin America, in contemporary Brazilian labor relations, as such subjections remain invisible by the prevalent Labor Law doctrine.
Editorial Pontificia Universidad Javeriana, Therefore, the legal-labor theory presents, as a trophy, the presuppositions of this new branch, broke with the contractual coloniaildade and the freedom of the parties, insofar as they recognized the existence of an asymmetry, an inequality among the subjects of the contractual relationship: According to Castro-Gomezp.
Aníbal Quijano – Wikipédia, a enciclopédia livre
The intersectional approach goes beyond simply recognizing the peculiarities of the oppressions that operate from these categories qyijano postulate their interaction in the production and reproduction of social inequalities BILGE,p. Services on Demand Journal. However, the exploitation of women in colonial Latin America goes far beyond sexual exploitation, which results in a gender coloniality 27derived from the articulation between coloniality of power, knowledge, being, nature and language LUGONES,p.
Consequently, the control of a specific coloniaidade form could be at the same time a control of a specific group over dominated people. This ‘encounter’ is not just the moment of colonial conquest or indirect control, no matter how important it may be.
However, the legal paradox of free and subordinate labor, as an importation of modern liberal-bourgeois Eurocentric thought 23reveals more than a critique of the ontological dimension, presented by Everaldo Gaspar Lopesor Marxist, because it goes beyond other instrumentalization of the knowledge coloniality.