Banca de QUALIFICAÇÃO: Tédney Moreira da Silva

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Tédney Moreira da Silva
DATE: 21/05/2024
TIME: 14:00
LOCAL: https://meet.google.com/jnv-jqzt-azn
TITLE:

Confinement and penances in the Land of Many Evils: punishment and incarceration of indigenous Guarani and Kaiowá in Mato Grosso do Sul 

KEY WORDS:

indigenous peoples; Guarani and Kaiowá indigenous peoples; Mato Grosso do Sul; decolonial criminology; incarceration of indigenous peoples. 

PAGES: 220
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This is a thesis presented to the Postgraduate Program in Law of the Faculty of Law of the University of Brasilia (UnB), inserted in the scope of the Line of Research entitled "Criminology, ethnic-racial and gender studies" and which aims to analyze simultaneously, the impacts of incarceration promoted by the State on the Guarani and Kaiowá Indigenous Peoples, located in Mato Grosso do Sul, as well as investigate whether and under what requirements alternative forms of conflict resolution are applied to prison. We aim to understand for which types of crimes or transgressions those Peoples use traditional methods of resolution and for which conducts resort to state punishment, and seek to investigate how the execution of the deprivation of freedom of indigenous people. Our hypothesis is that there is no intercultural debate between the Indigenous Peoples and the Mato Grosso do Sul State, in order to exert a severe punishment to the detriment of interculturality. The prison defines the place of marginalization of the indigenous people (since the conditions of social exclusion of the indigenous people inflate crime) and serves to contain the indigenous movements of insurrection against the expansion of agribusiness, mark of the historical formation of Mato Grosso do Sul. So, the research is divided into two parts: in the first, we describe the intersectionality between Anthropological and Criminological knowledge, from the examination of the birth of both sciences in the context of the nineteenth century, subservience to the control of non-European alterity. Once the similarities of the functionality of both sciences have been traced (at least in their origination), we problematize the duration of positivist bias in criminology, which views agents as individuals naturally destined to crime, The Indigenous Peoples are examples of this criminal nature. After the analysis, we criticize the construction of Eurocentric criminology, which extends its theories universally to the understanding of phenomena that are, however, cultural, social and historically situated. Criticism has decolonial, postcolonial or Latin American influence, which suggests a decolonization process to reposition the margins and the center of Criminological knowledge, especially from the perspective of Native Peoples. In this sense, we begin a brief study of Brazilian prisons focusing on the punishment of indigenous people and examine the evolution of legislation on special prison regimes. Through this study, we intend to confirm the political functionality in the punishment of indigenous people, 3   which we once called the civilizing penalty. In the second part, we analyze how this phenomenon is materialized in the criminalization of Guarani and Kaiowá Indigenous Peoples in Mato Grosso do Sul, presenting the history of state formation and their aversion to indigenous ethnic roots. The anti- indigenous posture is revealed in the intensification of territorial conflicts, engendering a social framework of destabilization and so that the punishment of indigenous people is carried out as a self-fulfilling prophecy or as a containment of the challenge to the hegemonic order. From semi- structured interviews with indigenous people in prison or their relatives, we indicate what are the barriers to interculturality and legal pluralism and the effects of criminalization on indigenous people and their communities. 

COMMITTEE MEMBERS:
Externo à Instituição - MARCO ANTONIO DELFINO DE ALMEIDA - UNIGRAN
Presidente - 1159552 - ELA WIECKO VOLKMER DE CASTILHO
Interna - 4878654 - LIVIA GIMENES DIAS DA FONSECA
Interna - 1645163 - SIMONE RODRIGUES PINTO
Externo à Instituição - TONICO BENITES - UFRJ