(IN)VISIBLE HISTORIES

FOR A DECOLONIAL FEMINIST LEGAL HERMENEUTIC

Abstract

The hegemonic theories of law are based on Eurocentric epistemologies, which is a fundamental element to think about the production of law as exclusively state-owned and, obviously, a reproducer of the various axes of domination that operate in an intertwined way, such as race, class and gender, to maintain the structure of colonial domination. In this article, based on decolonial feminist thought, I intend to propose possible methods of (re)reading judicial decisions analysing them with a south perspective. The text begins with an analysis of decolonial thought, its origins and what are its readings on the structures of capitalist domination founded on colonization and the expulsion of certain subjects from the zone of being, especially observing their theorizations regarding racialization and genderization. In the second part, given that many of the social movements and their supporters seek in international human rights law a tool against racism and patriarchal barbarism, we will bring a specific analysis on the decolonial perspective on this field of law. In the end, I will try to put together a methodological proposal for re-reading international human rights jurisprudence from the point of view of decolonial feminism, aiming to observe whether their jurisprudence reifies the invisibility of structural violations maintained by coloniality or breaks with the pact of silence surrounding the violence that sustain the world-system. I conclude a proposition the uses the epistemological proposition of Ochy Curiel, among metodologies such as inter-historicity e antropology on demand, situated by the idea of Dororidade created by Vilma Piedade.