Abstract
The discussion about indigenous rights and the legal systems of indigenous peoples gained new contours from the admission of diversity inaugurated in Brazil by the 1988 Federal Constitution. Envisioning the cooperation between the state system and indigenous jurisdictions, this study will analyze a criminal court case (documentary research) whose parts are Ministério Público do Estado do Pará x P.K. (Kayapó ethnic group), pending in Altamira - Pará, in order to understand to what extent it has been guaranteed the rights to self-identification, autonomy in conflict resolution and what are the developments of the situation presented. The case studied can be considered emblematic, as it goes against the grain of legal practice when it comes to indigenous parties in criminal proceedings. The proposed study will develop based on the Federal Constitution of 1988, Resolution nº 287 of the CNJ on indigenous people accused, defendant, convicted or deprived of liberty in criminal court cases and Convention nº 169 of the ILO, instruments that point out solutions for the clash between national law and indigenous legal systems, including in the criminal field.
Keywords:
Indigenous rights; Differentiated legal systems; Legal pluralism; Criminalization of indigenous peoples