520 citiri

Cutuma de a ucide pe unul dintre gemeni, imediat după naștere, și conflictul între drepturi fundamentale

Latin America experience is rich in juridical-constitutional problems deriving from entanglements between native normative orders and state constitutional orders, especially with regard to fundamental rights.
One of the most delicate recent cases involved relations between the Brazilian state legal order and the normative order of the Suruwaha people who live in Tapaua, a municipality located in Amazonas State, and remained voluntarily isolated until the end of the 1970s. Under Suruwaha customary law, children born unhealthy or disabled must be killed. Another case involved the Yawanawa, living in Acre on the border between Brazil and Peru, among whom a customary normative order required the killing of one newborn twin. In this context, it also became public that practices of this kind were common amongst the Yanomami and other indigenous groups. This situation led to controversy, since it involved a practically irresolvable conflict between the right to cultural autonomy and the right to life.

Marcelo Neves
((Dis)Solving constitutional problems în Contested Regime Collissions: Norms Fragmentation in World Society, Cambridged University Press, 2016, la pp. 184-5)

Back To Top