Direitos indígenas e acesso à justiça: uma análise da atuação do poder judiciário do estado do Tocantins no combate à hipervulnerabilidade dos Krahô frente ao sistema econômico da comarca de Itacajá

Abstract

This Technical Proposal Report analyzes the performance of the Judiciary of the State of Tocantins concerning the Krahô indigenous people, focusing on the difficulties they face due to their economic vulnerability in the Itacajá district. Their situation is exacerbated by limited access to social benefits and rights, particularly in commercial relationships. The Krahô often face over-indebtedness, a result of the common practice of leaving benefit and bank cards with non-Indigenous people due to their difficulty in understanding the value of money and the Portuguese language. This undermines their financial freedom and violates the Principle of Human Dignity, as well as contradicts the Principle of Free Competition, as it forces the indigenous people to shop at specific places and accept imposed conditions. The research, based on participant observation, reveals that the community lacks information about their rights under Brazilian legislation, especially the 1988 Federal Constitution. In times of denial of Human Rights and setbacks in social policies, it is crucial to ensure that they are fully aware of their rights, considering their lack of economic power and the precarious state of social assistance they receive. Thus, this work aims to clarify and guide the Krahô community, with the final outcomes including, besides this technical report, the following products: 1. The Restorative Circles Project for Conflict Prevention Involving Indigenous Peoples, already approved by the Court of Justice of the State of Tocantins since April 2023 and still ongoing; 2. A Bilingual Illustrated Manual, in Krahô and Portuguese, detailing the steps to be followed by the people living in the forty-one villages of the reserve, available in both printed and digital versions; 3. Two scientific articles. The report also includes theoretical research (with relevant bibliographical references) to underpin the discussions and justify the importance of history and anthropology for an interdisciplinary approach necessary in the legal field, aimed at providing quality judicial services. Additionally, it involves visits to the villages within the reserve to systematically understand their reality and meet the requirements of ethnographic research. The importance of the Krahô understanding their constitutional rights is emphasized so they can organize themselves and have a judiciary that is closer