A norma ex aequo et bono, mencionada expressamente no

Estatuto, ponto dos mais importantes e, na opinio da grande

maioria dos juristas, qqcorresponde equidade, o equity do direito
anglo-saxo. Dizer que o conceito de equidade513 dos mais
controvertidos em direito internadwcional514, bem como na prpria
jurisprudncia dno exgclui a necessidade de este, como
refere MAROTTA RANGEL (1989), encontarar o equilbrioddfaqee
Marxism following an ontological progression that from Heidegger, was
continued in Hegel, and was concluded in Marx, in the fashion of the
Frankfurt school - he demanded a return to history in order to subsume
negations -. In this way the gaucho (cowboy) became the proletariat as
subject of history - Marxist tradition of Jose Arico, as we will see -.
Other ontologists, instead, analysed with tragic attitude the negation of that
which is Latin American in many varied ways: as that which is "bereft of
history", the "savage lands", the "ontological vacuum" of Felix
Schwartzmann in Chile38; as the merely turned towards the future as
"expectation", before "the something that approximates" us, as "what is to
come" of Ernesto Mayz Vallenilla in Venezuela39; as the pre-Socratic aural
entity without past, guilt, the "pure future" of Nimio de Anquin in Cordoba4o;
as the "original sin" of having been expulsed from Europe of H. A. Murena:
During a time we inhabited in a land fertilized by the spirit, which is called
Europe, and suddenly we were expelled from it and we fell into another land in
the brute, empty of spirit, to which we gave in name, America.41
The criollo (white, child of immigrants) does not recognize now the
Amerindian, colonial world, of the "inward land"; she negates a millenary
history. In the same line we ought to situate Edmundo O'Gorman, who spoke
of the "dis-covery" of 1492 as the "invention of America" by Western
culture - not noticing the interpretation of the "discovery" by the indigenous
as an "invasion" of Cemanahuac ("the whole world" in Aztec)42 -; or
Alberto Caturelli43, where the American is "to be a brute", without history,
the "immature,,44.
periphery. Hitler is not the same thing as Adenauer, but Getulio Vargas or Carde
nas are not
simply Hitler, and Frondizi or Chilean Christian Democracy are not simply Adenau
er.
Therefore, Astrada is not Heidegger (although he has a lot of him), and Romero d
oes not
have their philosophical-political analogue in Europe.
37 The Argentinian "gaucho" [cowboy], like the Colombian or Venezuelan "\Ianero"
, is the
prototype of the "barbarian" for Sarmiento. Astrada recuperates this prototype i
n its
positivity.
38 El sentimiento de lo humano en America, 1950.
39 America como problema, 1959.
40 "Lugones y el ser americano", 1964.
41 El pecado original de America, 1954.
42 La invenci6n de America, 1958. See my critic in my work, Dussel, 1992, lectur
e two.
43 America Bifronte, 1961.
44 I believe that Caturelli does not know that he has used the same expression t
hat Kant used in
his dcfinition of Aujk/iirung: "Unmundigkeit" (see my work, Dussel, 1992, lectur
e one).