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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Decolonial thinking and Brazilian Labor Law: It seeks to reveal continuities of intersectional subjections structured by a racial-sexual pdoer division, from colonization, in contemporary labor relations in Brazil, since such types of subjection remain invisible by the prevalent Labor Law doctrine.
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: Above all, it goes beyond to overcome the intersectional continuities of subjection 3 structured by a racial-sexual labor division, derived from colonization in Latin America, in contemporary Brazilian labor relations, as such subjections remain invisible by the prevalent Labor Law doctrine.
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. Subsequently, this conception is related to the prevailing doctrinal approach of quijno protective nucleus of Brazilian Labor Law – free and subordinate labors – which anial 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.
Ddo, 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 pder 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. 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.
The postcolonial approach establishes a colonialodade process critique of scientific knowledge that, favoring Eurocentric matrices, reproduces the logic of the colonial relationship COSTA,p.
As Costap. The core of this criticism, as Colonialidaddep. However, the authorp. Grosfoguelp. The coloniality of power demonstrates that the colonial, economic, political, social, and epistemic relations did not end with the destruction of colonization, that is: According to Quijano, the modernity was characterized by a world power pattern which dominated and disputed the control of the various forms of social existence, forming a structural complex, whose character is always historical and specific QUIJANO,p.
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. The modern power pattern imposed, as quinano way of labor control, the capitalism allied to quijanno 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; anibla, finally, the Eurocentric paradigmas a hegemonic form of knowledge production QUIJANO, colonialjdade, p.
In this last aspect, Quijano explains that the colonial thinking carried out by Eurocentrism consists of:. Eurocentrism is here the name of a knowledge perspective whose systematic elaboration began in Western Europe before the middle of the XVII quijanl, although some of its roots are undoubtedly older, or even ancient, and that in poer following centuries became hegemonic movement through the same flow of bourgeois Europe It is not, therefore, a category that involves all cognitive history throughout Europe, nor in Western Europe in particular.
In other words, it does not refer to all modes of knowledge of all Europeans and all ages, but to a specific rationality or knowledge perspective that becomes worldwide hegemonic in order to colonize and overlap all others, previous or different, and to their respective concrete knowledges, both in Europe and on the rest of the world QUIJANO,p. Mignolop. Moreover, according to Mignolop. 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 the words of Quijanop. But it is doubtful that the way consists in the simple negation of all its categories; in dissolution of reality in discourse; in pure negation of the idea and the perspective of totality in the knowledge. 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 of free people.
It is the instrumentalization of reason by the colonial power, in the first place, that produced distorted knowledge paradigms and failure in liberating promises of modernity. The alternative is therefore clear: For Mignolop. The authorp. In general, as discussed by Quijanop.
However, what Mignolo and Quijano propose is different: According to Mignolop. As implementation of epistemic disobedience, Mignolop. 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.
Identity in policies is relevant not only because identity policy permeates the whole spectrum of social identities, but because the identity control policy resides in the construction of an identity that is posited as natural MIGNOLO,p. Thus, for Mignolop.
However, dominant identity policy is not exposed as such, but through abstract universal concepts such as science, philosophy, Christianity, liberalism, Marxism Mignolo,p. The Argentine author explains:. The identities built up by modern European discourses were racial that is, the colonial racial matrix and patriarchal. Fausto Reinaga Aymara intellectual and activist clearly stated in the s: But you made me as an Indian and as an Indian I will fight for liberation.
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.
Thus, as emphasized by Grosfoguelp. Dusselp. However, modern reason must be transcended not as a negation of reason, but as an overcoming of Eurocentric, violent and hegemonic reason. In author wordsp. 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.
As Ballestrin points outp. However, Ballestrinp. This is our questioning regarding Labor Law in Brazil and its alleged universality, based on the institutionalized Enlightenment 14 in the context of modernity, considering the neutral and hegemonic nucleus as the free and subordinate labor.
Knowledge Decoloniality in Brazilian Labor Law: As Walter Mignolo emphasizes, in 18 th century, European secular philosophers celebrated the theology abandonment and the coolnialidade in direction of rational scientific world where the truth is replaced by the belief, but still within the same Eurocentric abstract paradigm Mignolo,p. This problem also emerges from the way which the scientific revolution and the Enlightenment itself were conceived: Particularly in relation to modern European thought propagated by the Enlightenment institutionalized by the bourgeoisie, the idea of the modern labor relations 15 differentiation arises, which, in contrast to the slave and servile model, was based on freedom, as the core of Labor Law.
The aporia of the free and subordinate work in Co 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.
As Andrade and D’Angelop.
Decolonial thinking and Brazilian Labor Law: contemporary intersectional subjections
Labor Law perceives the specificity of this free and subordinate labor relation, in which one of the subjects – the employer – holds the directive power; and the other one remains legally, economically, and psychologically subordinated to the first.
And Labor Law appears exactly as a right that promoted a true revolution in a tortuous and emblematic field of Private Law: Therefore, the legal-labor theory presents, as a trophy, the presuppositions of this new branch, broke with colonjalidade contractual individualism and the freedom of the parties, insofar as they recognized the existence of an asymmetry, an inequality among the subjects of the contractual relationship: 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 poded and to exalt the employment relation as the great conquest from the modern society recognized by pder bourgeois Liberal State ANDRADE, D’ANGELO,p.
Labor as free and subordinate labor is today the most important and frequent legal relationship among all the labor relations formed in capitalist society. This socioeconomic generality of work, however, is, as seen, an extremely recent phenomenon: This doctrine reveals that Brazilian Labor Law, choosing the free and subordinate labor as its central object, welcomed the European foundations of the liberal modernity philosophy, in order to legitimate in Brazil the sociability model which sought to universalize the capitalist mode of production centered on subordination of the labor force to capital ANDRADE, D’ANGELO,p.
In this sense, Everaldo Qujiano Lopes de Andradep. In a critique of the ontological dimension, Everaldo Gaspar Lopes de Andradep. Thus, according to Marxp. Quiuano 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 podfr production mystifications, all its illusions of freedom MARX,p, 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.
However, the legal paradox of free and subordinate labor, as an importation of modern liberal-bourgeois Eurocentric thought 23reveals more than a qiijano of the ontological dimension, presented by Everaldo Gaspar Lopesor Marxist, because it goes beyond other instrumentalization of the knowledge coloniality.
Our majority doctrine, perpetuating the Eurocentric thought that establishes this alleged transhistorical difference between colonialidqde and free-subordinate labor, hide overlapping forms of work that took place in Brazil colony and their respective articulations with race and gender, which hides, until anibao in the Brazilian Labor Law, intersectional subjections.
First, the unilineal and universally valid historical theory about the known forms of labor, propagated by contemporary labor doctrine, needs to be questioned. From the point of view of modern liberal-Eurocentric thinking, still extolled by Brazilian Labor Law, aniibal, servitude and independent commodity production have conceived as a historical succession prior to the commodification of the labor force, that abibal, they are pre-capital.
However, as Quijanop. Thus, all these forms of work in Latin America ;oder only acted concomitantly, colonialiddae they were also all articulated around the axis of capital and the world market QUIJANO,p.
In addition to being simultaneous, such forms of work in Latin America were associated quiuano 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. Thus, a systematic racial division of labor was imposed, in which Indians 24 were confined to the structure of servitude 25and blacks 26 were reduced to slavery.
Quijanop. Thus, each form of labor control was articulated with a specific race. Consequently, the control of a specific work form could be at the same time a control of a specific group over dominated people. Moreover, the racial division of labor in Latin America was articulated with gender domination relationship.
We agree anibxl bell hooksp. 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.
From their ubiquitous participation in rituals, in decision-making processes, and in precolonial economics they were reduced to animality, to forced sex with white colonizers, and to a labor exploitation so deep that, often, it took them to work until the death.
The simultaneous distribution of slavery, servile and free labor in colonial America, articulated with race and gender, created intersectional subjections still present in the Brazilian labor division, that is, the coloniality of the class, race, and gender oppressions conveyed through the locus of human labor remains in Brazil.
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.
Inequality deepens when we analyze the informality articulated with the race category: The Marginalized female and male workers are less likely to engage in an employment relationship, what means formal arrangements for subordinate work covered by social protection or regular earnings. The gradual phenomenon of a loss of subordinate labor centrality in Brazil 31 and in the world 32 leads us to design variable forms of precarious atypical labor that imply labor subjection, particularly in intersection with marginalized social segments, which continue in subaltern positions inherited from colonialism.
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 way, free and subordinate labor that attract the applicability of labor rights, as well as its control, have still a male and white privilege in Brazilian contemporaneity, which makes the precarious labor relations to have been endowed with color and gender, which operates intersectionally in working-class cartography.
In this sense, it is crucial annibal unravel the Eurocentrism from the core of labor force, which glorified subordinate work and gave it a characteristic that it could never have — that is, free labor — in order to reveal and elide other subjections, linked to the race and gender imbrications. Therefore, the folonialidade 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.
Behind of this apparent neutrality in prevailing doctrine of Brazilian Labor Law, the labor jurists deliberately assume one of their position: Through multiple formats, represented by false autonomous work, part-time work, outsourced work, intermittent work, incarcerated work, informal work, there is the pulverization of precariousness among Brazilian anibao who are outside of the nucleus protection colonkalidade the Labor Law. However, this legal subject exclusion of labor in Brazil, as all countries in South, is not uniform: The distorted rhetoric that naturalizes Eurocentric modernity as a universal and homogeneous process, hiding the colonialidadd coloniality reproduction in the Labor Law in Brazil needs to be denounced.
The Brazilian jus-labor doctrine needs to develop decolonial projects through disconnection from a neutral and scientific ppoder perspective, which demands to be epistemically disobedient, according to Walter Mignolo MIGNOLO,p.