OS POVOS INDÍGENAS E O ACESSO À JUSTIÇA

Abstract

The present gradduation dissertation discusses the challenges faced by indigenous peoples in Brazil with regard to access to justice. It highlights that the Brazilian legal system has historically marginalized these communities and exploited their natural resources, lands, languages and traditional knowledge. The Time Frame Theory is presented as a threat to indigenous rights, and the importance of a fair interpretation of this theory is emphasized. Furthermore, this work mentions the role of the National Council of Justice (CNJ) in protecting the rights of indigenous adolescents in the judicial system and highlights the need development and training on how judges make their decisions towards the indigenous peoples and substantial changes in the legal system to guarantee truly intercultural justice and respect to indigenous rights. Making a comparison regarding Brazil's experience with that of Australia, the dissertation highlights the tortuous paths in the search for advances in the protection of indigenous rights in both countries, but highlights that the differences in the current scenario are quite contrasting. In Brazil, the fight for equality and respect for the rights of indigenous peoples persists, and it is essential to investigate and punish those responsible for acts of violence against these communities, as well as providing direct protection when necessary. Therefore, the present study emphasizes the importance of an intercultural approach in the legal system, recognizing the cultural, social and legal barriers that indigenous peoples face. This requires a significant transformation in the legal system and a commitment to intercultural justice and the protection of the rights of indigenous peoples in Brazil.