Revista Direito GV
Print version ISSN 1808-2432
PACHECO, Rosely Aparecida Stefanes; PRADO, Rafael Clemente Oliveira do and KADWEU, Ezequias Vergilio. For a right to difference: criminal and legal situation of indigenous prisoners in Dourados, MS. Rev. direito GV [online]. 2011, vol.7, n.2, pp. 469-500. ISSN 1808-2432. http://dx.doi.org/10.1590/S1808-24322011000200005.
This work has among its objectives to launch a reflective analysis on the situation of indigenous prisoners in Dourados, state of Mato Grosso do Sul, Brazil. It is noteworthy that the theoretical problem is based on the fact that, although there are numerous legal texts, pacts, protocols, and similar Statements, both national, and international, to protect the rights of indigenous peoples, there are constants violations of those rights that belong to the universality of human rights. Therefore, questions arise such as: What is the gap that prevents the proper implementation of the rights of indigenous peoples from the indigenous prison population in the state of Mato Grosso do Sul? For the construction of this text appealed to contributions from various disciplines such as constitutional law, criminal law, International law and human rights, because they are closely interconnected with the protection of the rights of indigenous peoples. The rights addressed here, is by means of an interdisciplinary perspective on the various areas of knowledge, aiming to make progress in understanding this issue, making a special reference to the legal anthropology. The method used, was the descriptive-analytical method, applying the documentary analysis and literature to the case. Apart from that we use case studies, as proposed in ethnography and local legal practice, when it comes to studying diverse cultures.
Keywords : Diversity; Indigenous Peoples; Prison Policies; Human Rights; State of Mato Grosso do Sul.