"The axiological conflict between cultural pluralism and the universality of fundamental rights: the case of indigenous infanticide in Brazil"

o caso do infanticídio indígena no Brasil

Abstract

Indigenous infanticide is a reality in some villages in Brazil, considered a cultural practice, which collides with the national legal system, as well as with the International Human Rights Treaties incorporated into the domestic legal system, challenging the search for a legal solution aimed at the pacification of this conflict. This article seeks to address the dilemma by positioning the indigenous person as a national citizen and, consequently, with the clear need to submit to national laws; with the clarity that this conflict requires a more in-depth discussion, making it necessary to observe sociological and anthropological perspectives, in addition to the legal one. It is imperative to study the theories of Relativism and Universalism to understand the phenomenon that originates and explains the practice of indigenous infanticide. The dichotomy created between cultural diversity and Human Rights, and the possibility or not of their convergence. Furthermore, the article seeks to understand the indigenous dynamic in the country, the treatment given to them throughout Brazil's historical and legal process up to the current Federal Constitution and the provisions that deal directly with the indigenous person, their current status as a citizen, and the consequences of this new perception.