Legal pluralism, culturally motivated crimes, and intercultural hermeneutics: An analysis based on Borges and Dias

Authors

  • Dario Siqueira Campos Junior Author

DOI:

https://doi.org/10.69849/hxbxd437

Keywords:

Legal pluralism, Decolonial filter, Intercultural hermeneutics, Culturally motivated crimes, Criminal Law

Abstract

This article analyzes the contemporary challenges faced by Criminal Law in the uniform application of norms within culturally plural societies. Based on the works of Guilherme Borges and Augusto Silva Dias, it examines the tension between legal universalism and the recognition of cultural diversity, focusing on so-called culturally motivated crimes, traditional practices—such as the fanado ritual and ritual infanticide—and the role of the Judiciary as a mediator between distinct rationalities. Borges (2020) proposes the application of a “decolonial filter,” enabling the Judiciary to question Eurocentric legal categories and consider plural normative systems, stating:

“It is necessary to deepen the studies on how to review this unilateral flow of rationality, of Eurocentric structures and institutions for ‘Brazilian law’, and above all, for the very way we think about our conduct, our values and our ways of judging, choosing, deciding and act within the normative environment”.

Meanwhile, Dias (2015) emphasizes that the analysis of culturally motivated crimes requires an intercultural hermeneutic approach, allowing judges to understand practices accepted or imposed by certain groups but criminalized by state legislation. This approach should seek to integrate legal pluralism with the protection of fundamental rights, avoiding both punitive ethnocentrism and unlimited relativism. It is concluded that addressing these issues requires innovative interpretative methodologies capable of balancing respect for cultural diversity with the protection of essential legal interests, such as life, dignity, and physical integrity.

References

BORGES, Guilherme Roman. Decolonializing Brazilian Law: The Judiciary and the “Decolonial Filter”. MPIL Research Paper Series, No. 2020-15.

DIAS, Augusto Silva. Faz sentido punir o ritual do fanado? Reflexões sobre a punibilidade da excisão clitoridiana. Lisboa: Ius Commune, 2006.

DIAS, Augusto Silva. A responsabilidade criminal do “outro”: os crimes culturalmente motivados e a necessidade de uma hermenêutica intercultural. Coimbra Editora: Revista Julgar, n. 25, 2015.

DIAS, Augusto Silva. Problemas do Direito Penal numa Sociedade Multicultural: o chamado infanticídio ritual na Guiné-Bissau. Lisboa: Ius Commune, 1996.

Published

2026-03-23

How to Cite

Campos Junior, D. S. (2026). Legal pluralism, culturally motivated crimes, and intercultural hermeneutics: An analysis based on Borges and Dias. Revista Ft, 30(156), 01-13. https://doi.org/10.69849/hxbxd437