Abstract
Abstract This article reflects on relations between the criminal justice system and Indigenous peoples through a perspective that combines anthropology and criminology as complimentary theoretical lenses through which contemporary Indigenous incarcerations can be understood. It charts relations between the historical constitution of the Brazilian criminal justice system and the ideas of ‘necropolitics’ as a defining thread of policies that impact the conditions in which Indigenous peoples are incarcerated. The article considers some of the effects of the COVID-19 (SARS-CoV-2) pandemic on the prison system of the state of Mato Grosso do Sul, where it is possible to evaluate the effects of measures undertaken by the National Justice Council to alter the levels of provisional imprisonment, even if the overall average of imprisoned Indigenous peoples continues to rise. To this end, survey and data processing were carried out using a deductive methodology, coupled with a sketch of historical considerations.
Highlights
Relações entre o estado brasileiro e o encarceramento de indígenas: olhares para a situação no Mato Grosso do
This process has been seen through the lens of decolonial ideas (Quijano, 2005; Dussel, 1977) that aim to understand political action within the criminal justice system as it pertains to Indigenous peoples1 through the concept of ‘necropolitics’
13 Summary no 140 of the Court of Appeals: “It is the jurisdiction of State Courts to try and judge crimes in which Indigenous persons feature as culprits or victims”. (Available in: https://www.stj.jus.br/docs_internet/revista/eletronica/stj-revista-sumulas-2010_10_capSumula140.pdf accesed 12th August 2021)
Summary
Relações entre o estado brasileiro e o encarceramento de indígenas: olhares para a situação no Mato Grosso do. This article investigates certain elements of the Brazilian criminal justice system in relation to Indigenous peoples by demonstrating how the historical constitution of the criminal justice system perpetuates colonial practices into the 21st Century It reflects on how the process of the colonization of the Americas – which, at its core, is a denial of plurality – is axiomatic of the structure of the criminal justice system. Despite efforts to disengage from the metropolis, which resulted in the formal declaration of independence and in the birth of the Brazilian state, the fact remains that colonial relations did not disappear with the end of the colony This process has been seen through the lens of decolonial ideas (Quijano, 2005; Dussel, 1977) that aim to understand political action (and criminal selectivity) within the criminal justice system as it pertains to Indigenous peoples through the concept of ‘necropolitics’. The ideas developed in this study seek to provide in-depth analyses of some of the contemporary consequences of Indigenous incarceration in light of the COVID-19 pandemic and the spread of the SARS-CoV-2 virus that causes it (Medeiros, 2020)
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