A conciliação e a mediação à luz da resolução 125 do Conselho Nacional de Justiça: um estudo com o povo indígena Karajá-Xambioá respeitando seus aspectos linguísticos e culturais

Abstract

This is a conclusive technical report of master’s research, with a qualiquantitative approach, that aims to record the activities developed during the research, through the study and analysis of how access to justice is given to the Karajá-Xambioá indigenous people, how they resolve their internal and external conflicts, taking into account aspects of culture, as an element of people's identity. We highlighted the perspective of multiculturalism present in Brasil, contemplated in our Magna Carta, the self-composition methods and the role of CEJUSCS – JudiciaryCenters for Conflict Resolution and Citizenship in the current context, especially the resolution of conflicts through Conciliation and Mediation. The study included field research, data collection, investigation, application of a questionnaire (attached), participation in scientific events on the subject, on-site visits, using the methodology, and including available bibliographic research in academic collections, internet sites. The results reflects the situation experienced by the Karajá-Xambioá, who have a strong and remarkable culture, preserved customs, with emphasis on orality, portrayed in the finding that they resolve their internal conflicts through dialogue, conversations, community assemblies, without or with little interference or support of the bodies that make up the justice system constituted by the State. It was also detected the difficulty of these native people to exercise citizenship, due to little knowledge of rights, difficulty moving from the villages, treatment as incapable, discrimination, prejudice, disregard, asstated by the interviewees. From the answers to the questionnaires applied, we concluded by proposing: itinerant assistance by the Judiciary Centers for Conflict and Citizenship Solution to the Karajá- Xambioá community, as well as offering a Training Course for Conciliators to indigenous people and a seminar for Judges of the Judiciary Tocantinense for knowledge of indigenous rights.