Ana Paula Del Vieira Duque1
Ana Paual Del Vieira Duque & Marcos Vinicius Lustosa Queiroz
Marcos Vinicius Lustosa Queiroz2
A decolonial view of criminology and transitional justice in Latin America: critics from below articulating race and gender
The Transitional Justice is understood as a set of practices implemented in countries with an authoritarian past in order to compensate victims of massive human rights violations in an attempt to restore peace and internal security. One of the most discussed universalizing measures is the proposed criminal accountability in the axis of the realization of justice in the transitional process.
The management of conflicts produced by repressive criminal State prosecution is constituted from the formation of nation-states and the colonial expansion process. The epistemological challenge posed by decolonial reason stems from the recognition that all knowledge is geopolitically located, and at this prospect, comes in contrast to the traditional approach of Transitional Justice a proposal from below, which denies the assumption of pre-cast and universalizing models of justice design for a post-conflict time. The proposal is to try to rediscover the history of the conflict and ways to overcome it from marginalized perspectives, such as those of Latin-American women, black people, rural and forest populations – that escape the dominant logic of knowledge production.
Decolonize criminology and transitional justice is to start thinking of them as narratives produced in the Western social science, which think crime, social control, punishment and possible responses to these phenomena from molded epistemologies regarding the experience of the European diaspora and in construction of a complex stratification of societies from a Western view. At this point, the notion of The Black Atlantic, elaborated by Paul Gilroy (1993), proves to be especially important in articulating the critic we are proposing.
From the analysis of experience from bodies usually excluded from the position of enunciators of the power-knowledge of law and criminology, this paper aims a critical reflection of criminology and state interference in the process of searching for justice under the Transitional Justice in Latin America, taking as reference the diaspora, feminism, and decolonial perspectives of justice and conflict resolution.
1 Master degree (ongoing) in Law, State and Constitution at University of Brasília (Brazil), UnB, and researcher at the Latin American network of Transitional Justice (www.rlajt.com). Email: firstname.lastname@example.org.
2 Volunteer Professor at the Faculty of Law School at University of Brasília (Brazil). Doctorate (ongoing) in Law, State and Constitution at University of Brasília. Master degree (2016) at the same University. Member of the Center for Studies on Inequality and Discrimination - CEDD / UnB and Maré - Center for Studies and Research on Juridical Culture and Black Atlantic. Email: email@example.com