Abstract
Through presented article we seek to analyze way Indigenous Peoples insert themselves in context of new Latin American constitutionalism, with a special focus on aspect of legal pluralism and on way Indigenous Peoples act towards Judiciary. For that, paradigmatic cases of Ecuadorian, Bolivian and also Brazilian constitutions are analyzed. From there, we go to concrete cases, where factual situations are verified, at least in theory, where natives had an active participation in judiciary criminal process in Brazil. The main goal of this article is to scrutinize how those cases configure what denominates as legal pluralism and in what standards Brazil differentiates from other Latin American countries on legal custody of indigenous rights and recognition and respect of the other, here understood as a native.
Highlights
Com enfoque especial no aspecto do pluralismo jurídico e na forma como os indígenas atuam perante o Poder Judiciário
Through the presented article we seek to analyze the way Indigenous Peoples insert themselves in the context of the new Latin American constitutionalism, with a special
The new Latin American constitutionalism was inaugurated with the promulgation of several new Constitutions in the countries of the region, such as Brazil (1988), Mexico (1992) and Paraguay (1992), which brought many advances, especially in social aspects and inclusion of minorities
Summary
The new Latin American constitutionalism was inaugurated with the promulgation of several new Constitutions in the countries of the region, such as Brazil (1988), Mexico (1992) and Paraguay (1992), which brought many advances, especially in social aspects and inclusion of minorities. Yrigoyen Fajardo, exponent on the subject, subdivides the process of Latin American constitutional transformation into three different cycles, namely: Multicultural (1982 - 1988): at that moment there was the initial recognition of multiculturalism, with the attendance of some basic indigenous demands. It includes the Brazilian Constitution of 1988, for example; Pluricultural (1989-2005): it was marked by the replacement of the multicultural perspective by the pluricultural one, in which the recognition of indigenous rights deepened. As far as indigenous communities are concerned, these three cycles have brought about very significant transformations, especially with regard to the recognition of Indigenous Law, so that it is possible to say that the new Latin American constitutionalism inaugurated a new moment for these peoples, progressively removing them from obscurity and making them subjects of constitutionally assured rights
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