Ruy Siqueira

The article aims to focus on a brief historical and epistemological reflection on the issue of the emergence of fundamental rights in the Western tradition and its universalist and hegemonic claim in the colonized countries of the New World -whose ideal of the subject of law is paradoxically restricted to the human person of an autochthonous-European and Euro-diasporic character due to affirmative policies and promotion of European immigration, subsidized by the colonized Ibero-American States. At the same time, it seeks to analyze the phenomenon of acculturation of the aforementioned law and its inducing character of the process of destitution of the condition of subject of the Afro-diasporic population in the New World, from the perspective of the Critical Theory of Race (CCT). and emphasizing its relationship with the ideology of racial supremacism present in the institutional ideal of a post-independence Ibero-American State during the 19th century.

In this article, it tries to interpret the modern society under the the logic of the market, in which the human being is removed of the historical center and substituted by the consumption object, that stars to assume preponderant factor of control and social alienation in actual historial stage. The purpose of this article is to deonstrate that the contemporary society didn't renounce the rite neither the mythm as construction instruments and psychological and sociological elabration, To approriate or to link with the being or object of the desire it requests a logical asbolutely formal, contractual and self-denial.