TRANSNACIONAL JUSTICE AND THE SDG 16

the symbolic legislation for traditional people in Brazil

Abstract

During the term of the Brazilian dictatorial regime, the main suffering groups were the Traditional Peoples, victims of criminal attacks endorsed by the Brazilian State and causing severe effects on contemporaneity. This article analyzes the making of the United Nations Sustainable Development Goal 16, from the perspective of Traditional Peoples, and its implementation process in Brazil. Therefore, it’s necessary to resume the historical legacy of these Peoples, especially in this historical period and their relationship with the processes of the Transitional Justice. Through the usage of the hypothetic-deductive methodology and an exploratory qualitative approach, combine with a wide bibliographic revision, it is discussed how the goals expressed at the SDG 16 present a wispy pragmatic applicability in the factual reality of the Brazilian original peoples’ social bodies, including the international legislation’s position in the normative-juridical concretization. Based on Marcelo Neves’ concept of symbolic legislation, a criticism is made to the goals of the SDG 16. The classification allows a reflection that aims a better concretization of the referred legislation for the Peoples. It’s reiterated the need for a greater participation of these groups in the creation processes so that the legislation does not serve only as a rhetoric instrument, but as a mean of social-legal effectiveness for these social actors.