Legal Pluralism and Decolonial Critical Theory as a Foundation for Rethinking the Gender Question

This reflective contribution aims to analyze the question of gender, its subordinate relations and the discriminatory impacts generated by the coloniality of power, opening in a given peripheral space, the opposition represented by intersectionality, using the theoretical contributions represented by legal pluralism and by the processes of decolonial criticism. To do this, the antecedents and foundations of these analytical references will be analyzed, seeking to demonstrate how they can change and transpose the determining relationships of oppression from the gender perspective. Thus, this analysis aims to highlight as the main problem, if legal pluralism and decolonial critical theory have been able to conceive liberating processes in which subalternity has been included, in relation to the processes of emancipation of women as rights holders, of their rights. recognition of difference, in an egalitarian and autonomous way. Consequently, intersectionality is positioned as an alternative analysis proposal to avoid segregation, dehumanization and distinction of concepts, such as gender, race and class. For such an attempt, the research will use a hypothetical-deductive approach, starting from a methodological analysis that takes into account bibliographic research techniques, with a critical and interdisciplinary profile.