DIRETOS HUMANOS E FOLCLORE CAPIXABA:

COMPREENSÃO E TOLERÂNCIA SOCIAL POR MEIO DE NARRATIVAS

Abstract

This article aims to promote understanding and social tolerance, as provided for in the Universal Declaration of Human Rights, articulating the critique of post-positivism to legal positivism, under the bias of the Law and Literature movement. Specifically, studying the capixaba folklore, through a literary analysis. We start from the analysis of the book entitled “Lendas do folklore capixaba” by Marco Haurélio Fernandes Farias. As a form of cultural understanding and assertion of rights, through two fundamental concepts of literary theory: description and narration, and how they can be related to the realization of Human Rights. Understanding itself as a narrative, Law must pay attention to all the elements that are dear to it: the characters, the setting and the time. Consequently, human lives regulated by law must be understood in their particular narratives, in their cultures that guarantee identity, access to traditions and respect for the different cultural matrices present in society. Narrative is an engaged practice as soon as the first story is told, intrinsically linked to memories and the desire for communication. It is a constituent of our identity, of our existence. The research is justified by the need to recognize the importance of the narrative in understanding the Law and the rich folklore of Espírito Santo, in addition to stereotypes that do not contribute to recognition. It is concluded that the narrative understanding of law is adequate for recognizing cultural narratives, contributing to their visibility and recognition. It is essential that local narratives have greater reach, bringing out the richness and complexity of different cultures beyond caricatures. Recognition is an embodiment of the dignity guaranteed by the Universal Declaration of Human Rights, promoting understanding, tolerance and friendship among all racial and religious groups.

Keywords: Human rights; Popular culture; Capixaba Folklore; Literary Analysis.