Análise de decisão a partir do pensamento latino americano: considerações sobre decolonialismo, gênero e constitucionalismo no julgamento do STF sobre legítima defesa da honra

Abstract

The present work aims to demonstrate that after so many years since the end of Colonial Brazil, we still have repercussions of this time in our lives. Supported by the need for a legislative and social detachment from colonization, the analyzes of this monography were achieved by questioning the importance of decolonial thinking within the brazilian constitutional spectrum, and its impacts today. The objectives related to the understanding and explanation of concepts such as decolonialism, feminist decolonialism, constitutionalism and new latin american constitutionalism were met through systematic and integrative bibliographic reviews. The ends were achieved through three development chapters, the first on decolonialism, the second on constitutionalism and the third on how to apply these theories in the analysis of jurisprudence of ADPF 779. The debates are diverse, but the social impact of colonization is latent when talking about dichotomous categories that refer to colonized times, where there was a superiority of european class and episteme, which has become a tradition that lasts to the present day. The results achivied were in the way that the trial of inconstitucionality of the argument of legitimate defense of honor was possible just because the decolonial thoughts and detachment of european thoughts that established superiority and legitimated the incidente of murder and female murder by the year of 1600. The decolonial thought has it's importance in the moment that the latin american studies impact in the society and in the decisions made today, showing to us the deep roots that tries to break free and the comprehension that more and more, we become independet in our thoughts. [resumo fornecido pelo autor]