Confinement and penances in the Land of Many Evils: punishment and incarceration of indigenous Guarani and Kaiowá in Mato Grosso do Sul
Indigenous Peoples; Guarani and Kaiowá indigenous people; Mato Grosso do Sul; decolonial criminology; incarceration
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 the correlation between the incarceration promoted by the state of Mato Grosso do Sul on the indigenous Guarani and Kaiowá and the integrationist (assimilationist) Indigenist policy that affected them before the paradigmatic orientation change carried out by the Federal Constitution of 1988. I seek to understand whether the criminalization and incarceration of indigenous people promoted in the state are connected to the purpose of control and neutralization of ethnic diversity, according to the project of internal colonialism and confinement imposed by the Guarani and Kaiowá. My hypothesis is that there is no intercultural debate between the indigenous peoples and the Mato Grosso state, in order to exert a severe punishment to the detriment of interculturality. Still, the prison defines the place of marginalization of the indigenous (since the conditions of social exclusion of the indigenous inflate the vulnerability to criminalization) and serves to contain the indigenous insurrection movements against the expansion of agribusiness, mark of the historical formation of Mato Grosso do Sul. Therefore, the research is divided into two parts: in the first, I describe how criminology, both in its classical, positive and critical aspects, has insufficient contributions to the examination of the criminalization of indigenous peoples, which demands the promotion of their decoloniality. After the analysis, I criticize the construction of Eurocentric criminology, which extends its theories universally to the understanding of phenomena that are, however, cultural, social and historically situated. My criticism has the 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, I conduct 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, I intend to confirm the political functionality in the punishment of indigenous people, which I once called the civilizing penalty. In the second part, I analyze how this phenomenon is materialized in the criminalization of Guarani and Kaiowá indigenous people in Mato Grosso 17 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 the containment of the challenge to the hegemonic order. From semi-structured interviews with indigenous people in prison or their relatives, I indicate what are the barriers to interculturality and legal pluralism and the effects of criminalization on indigenous people and their communities