Pluralismo jurídico no Brasil, hoje - Aspetos jurídicos dos conflitos que envolvem povos originários (Legal Pluralism in Brazil Today - Legal Aspects of Conflicts Involving Indigenous People)

Abstract

This text analyzes the legal and criminal treatment of indigenous people in Brazil. Although there is a provision for plural legalism in the Federal Constitution of 1988, which was reinforced with the ratification of Agreement No. 169 of the International Labor Organization, from 2002, the ordinary legislation did not undergo changes, which generated a mismatch between the constitutional order and practice in the courts. In 2019, the National Council of Justice (CNJ), through Resolution No. 287, created tools to harmonize the application of laws from a constitutional perspective. We will analyze the criteria applied by judges in the legal-criminal treatment of indigenous people in order to criminal proceedings that occur in state court, using CNJ Resolution No. 287/2019 as a framework. We will be able to verify whether in fact such a norm made it possible to apply the constitutional paradigm of interaction to judicial practice.

Note: Downloadable document is in Portuguese.

Keywords: pluralismo jurídico, povos indígenas, Brasil, Direito penal