Pluralismo, nuevos derechos y movimientos críticos en la teoría jurídica de Latinoamérica

Abstract

By rethinking the forms of control and social regulation in a stage located in post-colonial societies such as Latin America, that historically are susceptible to the impacts of globalized power systems and the complex relations of domination, it becomes one more time in important the rescue of the social marxist theory and the various manifestations of the regulations (new rights, insurgent rights) in a critical-emancipatory view, to think in society and latin American Law. 

To begin, it`s necessary assimilate the many views dislodged from the expression “Critic”, a term that continues being ambiguous and broad, that represents many meanings, it´s being interpreted and used of various forms in space  and time. Anyway, the “critic” emerges as a instrumental dynamic development that goes beyond the natural limits of the traditional theories, it´s not only serves to describe what it´s established or to contemplate, midway, social and real phenomena.

Understood the critic as an instrumental of break and transformation, the question that emerges then is how make feasible the insertion of the path of society, the institutions and the Latin American Rights. Although historically generated by the discontinuities and deterministic flows, it can bet on the existence of a philosophy of liberation and  of a juridical thinking in Latin America.