<b> "New Sensibilities" Old Decisions: notes about recent legal system transformations </b> <br> doi:10.5007/2177-7055.2011v32n62p79

Abstract

The declarations and international conventions allied with the organization and mobilization processes of social groups of ethnic identity resulted, in recent decades, in profound changes to the Brazilian juridical order. The recognition of social and cultural diversity brought “legal pluralism” to the law. This notion, that was taken as an instrument of criticism of positive law, and therefore, treated as something “residual” or “peripheral” is brought to the center of reflections about law. It is observed that this process takes place inside a juridical order, which is also transforming itself, creating what might be called a “new” “juridical sensitivity”. Other concepts are incorporated to the “legal pluralism”, composing a lexicon of terms, fired indiscriminately by the interpreters of the law. In this changing environment it is possible ask: does this “new” “juridical sensitivity” tend to contribute to decisions that can be considered fairer, taking into account the social reality which is taken as plural and complex, with its deep economic contradictions?