Relativismo cultural: práticas culturais e a violação aos direitos humanos.

Abstract

The insertion of human as a subject of international law and uphold human rights upheld in multiple international documents, especially in the post-war, brings up the debate on the scope of the protection mechanisms of the so-called universal human rights against the motion or conception of cultural relativism. Thus, the objective is to analyze the tools and systems for the protection of such rights, into the Universal Declaration of Human Rights and their respective covenants, given the controversy of cultural relativism and see the intrinsic relationship between the diversity of cultures and human rights within the conflict that stands between cultural relativism and the universality of human rights by examining the guiding points of each chain. To develop the work done is use some methods common to social sciences and law relevant to science and sociology, such as the historical-evolution, the deductive method, starting from general phenomena for individual cases and argumentative. The monographic and historical methods of procedure will assist in the investigation and analysis of the subject, observing it in all its aspects. Finally, it is shown that the relativistic theory of human rights, does not comply with the minimum standard of universal human dignity established by the UNO Declaration. The suggestion offered by the end objectives in a moderate method which admit to a limited degree of cultural variations in the way and the interpretation of human rights, being essential, however, persisting in its universality essential.