Acesso à justiça, pessoa indígena presa e vulnerabilização étnica: uma análise da execução penal do Mato Grosso do Sul e do Rio Grande do Sul

Abstract

This dissertation discusses ethnic vulnerability in the access to justice of the imprisoned indigenous person. It is developed in the Postgraduate Program in Law at the Federal University of Pelotas, in the Social Rights concentration area, mainly in the State and Constitution research line, but also in the Law and Social Vulnerability line. Its scope is to investigate how ethnic vulnerability occurs in the access to justice of indigenous people detained in the prison system in the states of Mato Grosso do Sul and Rio Grande do Sul and, in view of this, what is the behavior of the criminal justice system and the perception of its actors. The research is relevant given the necessary analysis of prison overloads and constant violations of fundamental social rights in the country's penal units, notably in relation to vulnerable social groups, such as indigenous peoples. It is considered that in the Brazilian criminal justice space there is a notorious ethnic vulnerability of indigenous people, which can also be perceived by those working in the criminal justice apparatus. To carry out the research, the hypothetical-deductive method is used, with bibliographical and empirical research. The first chapter presents the violence faced by indigenous people in the country's criminal justice system, which calls for other possibilities of access to justice, highlighting Resolution 287 of the National Council of Justice (CNJ) in the Brazilian context. The second chapter addresses the prison degradation and ethnic vulnerability faced by indigenous people, with an emphasis on the realities of Mato Grosso do Sul and Rio Grande do Sul in relation to the statements of Resolution 287 of the CNJ, as well as those resulting from the Covid pandemic. 19. The last chapter relates indigenous vulnerability to the Brazilian legal structure and praxis, presenting experiences and resistance strategies to face the issue. The study concludes that the law, even though its operationality is tainted with coloniality, can be used as an instrument of counter-hegemonic struggles, especially if thought of based on subalternized knowledge and powers.