Fruir a vida: narrativas jusliterárias do direito à vida em Ailton Krenak

Abstract

The notion of fruição da vida (life as an experience to be savored) raises questions about the essential (in)utility of this fundamental element of existence, confronting the instrumentalization that imposes utilitarian objectives on life with an understanding of meaning and the feeling of connection with the world. Starting from this confrontation, this dissertation aims to understand how the narratives of Ailton Krenak, as an expression of indigenous literature and a promoter of intercultural dialogue, can expand hermeneutic possibilities by enabling new interpreters of the constitution. This openness, inspired by Peter Häberle's thought, highlights the enrichment of constitutional interpretation regarding the right to life through the ancestral knowledge of indigenous communities, knowledge which is condensed in shared memories and problematizes the utilitarian view of existence grounded in modern, hegemonic Western rationality. To achieve this, a qualitative methodology will be adopted, of a jusliterary nature, with inter/transdisciplinary approaches, as well as hermeneuticphenomenological contributions guided by the articulation of Ailton Krenak's indigenous literature with constitutional hermeneutics. In this sense, an open interpretive activity is proposed, enabling indigenous narrative communities and their members as legitimate interpreters of the constitution, especially concerning the fundamental right to life. Thus, this work is part of the research line "The Process of Constitutionalization of Rights and Citizenship: Theoretical and Methodological Aspects," within the field of jusliterary studies, dealing with the relationship between Law and the hybrid manifestations of indigenous literatures; proposing the formulation of an indigenous jusliterature based on the phenomenological approach of memory, which contributes to an intercultural dialogue within Latin American constitutional law; prioritizing the articulation between Ailton Krenak's narratives, as indigenous literary representation, and the notion of an open society of constitutional interpreters; and contributing to identifying the ways in which Ailton Krenak's literary experience offers new understandings of the fundamental right to life, particularly in critiquing the instrumentalization that reduces it to mere utility. With this, the work promotes the enhancement and expansion of constitutional hermeneutics regarding the interpretation of the right to life, incorporating the knowledge of indigenous communities into legal interpretation, which impacts the daily practice of legal professionals as it allows them to access other worldviews, understand the world from other perspectives, and discover, within the horizon they can glimpse, new meanings and feelings about what it is to live.