O ORDENAMENTO JURÍDICO BRASILEIRO E A POSSIBILIDADE DE ACEITAÇÃO DE UMA JUSTIÇA INDÍGENA AUTÔNOMA

Abstract

The Indigenous Movement, its organizations and partner organizations already discuss, politically, to privilege space for the resolution of conflicts inherent to the original peoples, instead of resorting to the Judiciary. This, institutionalized by a diverse culture, would not know how to cope with its demands. In addition, there is a biased burden on the formation of many of its members that would also harm the indigenous. Thus, inspired by the plurinational states of Bolivia and Ecuador, it advocates for a legitimate space for judicial action, recognized by the legal system. To exemplify proper ways of conflict resolution, it is described as occurs with the mbya guarani and Kaingang of the state of Rio Grande do Sul.