CRIMES CULTURALMENTE MOTIVADOS E COALIZÃO DE DIREITOS FUNDAMENTAIS: A (IN) CONSTITUCIONALIDADE DA CRIMINALIZAÇÃO DO INFANTICÍDIO RITUAL E AS CULTURAL DEFENSES

Abstract

This research will address culturally motivated crimes and the coalition of fundamental rights, focusing on the (un)constitutionality of the criminalization of ritual infanticide and cultural defenses, under a hypothetical-deductive and dialectical methodological approach, and a theoretical analysis of an indirect nature, following a dogmatic-instrumental model. In this context, it is essential to understand that the culture of a society is constituted by a set of symbols that shape behaviors and values, conferring identity and cohesion to communities. Ethnicity, in turn, transcends mere ancestry, encompassing identities formed by cultural, linguistic and territorial interactions, characterized as a dynamic phenomenon susceptible to external influences. In the contemporary context of multiculturalism, crucial questions arise about the interrelationship between culture and Criminal Law, culminating in the development of concepts such as cultural offenses and cultural defense. Globalization, while promoting cultural diversity, simultaneously poses legal challenges, especially with regard to the preservation of cultural values in the face of current criminal laws. Ritual infanticide, for example, reveals the tension between the cultural practices of indigenous communities and universal human rights, highlighting the difficulties in applying Western norms to contexts with their own traditions. In Brazil, the imposition of a new reality by the State throughout history has not guaranteed dignified living conditions for indigenous peoples, resulting in a profound cultural shock. The debate surrounding ritual infanticide highlights the complexity of reconciling universalism and cultural relativism, requiring an intercultural dialogue that respects cultural specificities without compromising the fundamental principles of human rights. In this sense, proposals that seek to reconceptualize human rights from a multicultural perspective aim to promote both human dignity and cultural diversity, recognizing the intricate nature of acculturation processes and the importance of democratic negotiation in the effectiveness of social justice and equity.