Povo krahô e o estado brasileiro:

Abstract

The Krahô People are an indigenous ethnic group whose territory is located in a traditionally occupied area named Kraolândia, distributed between the municipalities of Goiatins and Itacajá, in the State of Tocantins - Brazil, and submitted to the jurisdiction of these two districts, according to the limits territories of each municipality. Despite the Brazilian State granting autonomy to indigenous communities to organize and manage their socio-political-cultural dimensions, there is a limitation regarding facts occurring in their territory or related to their members that clash with the regulations of Brazilian criminal law, insofar as this autonomy will only apply to low complexity situations. In this context, in cases where the Narion-State understands that there is greater complexity, such facts will be managed by the Nation-State through the Judiciary. Thus, the present work, based on the analysis of 05 criminal cases of interest to the Krahô communities, presided over by the districts of Goiatins and Itacajá between the years 2010 and 2021, aiming to study the consequences of the current structure of “state protection” over indigenous communities from the perspective of the application of Brazilian Criminal Law on Krahô communities, analyzing whether there are symmetries and correlations between Brazilian criminal law with and in the Krahô social structure, both to understand the effectiveness of these mechanisms, and to understand whether this overlapping of epistemes does not it would be a new type of colonizing act, based on the stigma of “racial superiority”, as well as the dialogue or monologue that takes place between the different concepts from the perspective of theorists, the State and indigenous people about their cultural practices when they collide with Brazilian criminal concepts. Finally, understand how, in the course of these demands, the right to protect the culture of these communities is expressed in this Nation-State intervention when seeking jus puniendi, and it is also its duty to promote the protection of rights, culture, language and other cultural aspects of these traditional peoples.