HOSPITALITY OF ISOLATED INDIGENOUS PEOPLES AND RECENTLY CONTACTED BY THE FEDERAL SUPREME COURT: A CONTENT ANALYSIS OF ADPF 709/20.
Hospitality. Isolated and Recently Contacted Peoples. ADPF 709/20. Federal Court of Justice. Jacques Derrida
This article deals with the topic of hospitality of the Other based on the work of the Brazilian Judiciary. Due to the diversity of otherities to which the study is subject, given the multicultural nature of Brazil, we choose the Other that presents a kind of radical otherness, namely: the Isolated and Recently Contacted Peoples. And in order to make our investigation exhaustive, we make two delimitations: institutional and casuistry. Thus, in this investigation, we analyze the hospitality of the Other by the Supreme Federal Court (STF) through the judgment of the Arguição de Descumprimento de Preceito Fundamental nº 709/20. A theoretical discussion is based on Jacques Derrida's philosophy of difference, especially in his concepts of: unconditional and conditional hospitality, différance and deconstruction of law. Based on these observations, this article seeks to answer: How does the Hospitality of Otherness work in Brazilian Law based on the decision of the Federal Supreme Court in the case of ADPF 709/2020? The methodology we use consists of a deep analysis of content, therefore, in addition to collecting relevant information, we offer our readers interpretations from Derridean thinking. The research also takes into consideration the contexts of the pandemic and advances in the country of the right extreme. And by way of results, we identify a hospitality of Other, conditioned to the calculations of positive law, but that aspires to be unconditional in the name of Justice.