Incarceration of indigenous people in Brazil and resolution no. 287 of the National Council of Justice of Brazil

Encarceramento de indígenas no Brasil e a resolução n. 287, do Conselho Nacional de Justiça

Encarcelación de indígenas en Brasil y resolución n° 287 del Consejo Nacional de Justicia

Abstract

This article aims at analyzing Resolution No. 287 of the National Council of Justice of Brazil (CNJ), which establishes special procedures for the treatment of indigenous people who stand as accused, defendants, who are sentenced or are deprived of liberty and shows the necessary process to ensure their rights within the Brazilian Judiciary Branch. It encourages a reflection about why said Resolution’s impact on social representations within the Brazilian Judiciary Branch is nearly none. The Resolution No. 287 is a surprising step by CNJ to effectively recognize the cultural and ethnic plurality of the original peoples of Brazil, although it maintains contradictions inherent to the challenge of overcoming the assimilationist paradigm. However, beyond any new registration protocols, any reduction in incarceration rates or any training of magistrates and adaptation of their services, any change will ultimately come from the outside, as Brazilian elites abdicate privileges coming from their whiteness.

Keywords:
Indigenous Peoples; criminalization of Indigenous people; Indigenous Incarceration; Resolution No. 287 by National Council of Justice of Brazil