By seas never sailed before? Indigenous Criminal Justices and the confrontation with the western matrix. An analysis of criminal cases in Serra da Lua x Raposa Serra do Sol

The purpose of this article is to compare two homicide cases that occurred in traditional territories, Raposa Serra do Sol and Raposa serra da Lua. Both cases had indigenous defendants, and they had distinct procedural developments. This article seeks to analyze, from the perspective of decolonial theories, the relationship between indigenous punitive systems and the western matrix, which bequeathed us dimensions of the punitive apparatus constructed as modern and rational. The decolonial perspective posits alternatives to the Western model based on the dogma of the penalty, a dimension that validates a single method of resolution in the criminal field and hinders the recognition of alternative methods such as criminal transaction and other forms of accountability that are not reduced to the prison sentence.

Keywords:
Indigenous penal system; Decolonial studies; Dogma of punishment; Raposa Serra do Sol and Raposa Serra da Lua