PRINCIPIOLOGIA JURÍDICA, HISTÓRIA E COSMOLOGIA GUARANI

Abstract

This article deals with the Guarani law (Kaiowá, Nhandeva and Mbyá), indigenous peoples of Dourados, Mato Grosso do Sul, Central-West of Brazil, from its principles, nuances in the treatment and subsumption of community issues. How to resolve disputes in the most diverse fields of law. Thus he approaches the importance that the worldview has for this native right, from which comes the holistic judgment. It discusses the general principles of Guarani law: solidarity, reciprocity and the prevalence of collective interest over the individual. Although dealing with indigenous law, the focus is on Guarani property rights. It is worth the theoretical contribution on legal pluralism, to support it as a legal system, although thought and legislated differently from national law. In the end, it enters the wicked results of the external intervention, without the necessary anthropological care necessary for such actions, which in this case starts from those who have the jurisdictional responsibility to defend the indigenous right and interest.