Banca de DEFESA: Kennia Dias Lino

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Kennia Dias Lino
DATE: 15/08/2025
TIME: 09:00
LOCAL: https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup-join%2F19%3Ameeting_M
TITLE:

Access to Justice and Indigenous Identity: The A’uwe Uptabi (Xavante) Accused in Individual Cases before the Federal Court Subsection of Barra do Garças-MT

KEY WORDS:

Access to justice; Indigenous identity; A’uwe uptabi (Xavante); defendants; Federal Judicial Subsection; Barra do Garças-MT.

PAGES: 206
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

 The recognition of rights for Indigenous peoples in the 1988 Federal Constitution changed the paradigm of how Indigenous subjects are conceived, imposing on the Brazilian State the duty to protect and promote these rights. By innovating, the Constitution broke with a history of invisibility by recognizing a new subject: the Indigenous person. It established that the State should not only recognize their social organization, languages, customs, beliefs, and traditions, along with the right to territory, to differentiated education with the use of native languages, and the possibility of taking legal action collectively to defend their rights, but also obliged the State to ensure and implement these rights. Considering the Indigenous rights enshrined in the 1988 Constitution, this work discusses the recognition of Indigenous ethnic identity and access to justice. The central problem of this thesis is to understand how the State, through the Judiciary, recognizes the ethnic identity of Indigenous individuals during criminal proceedings. The objectives of this thesis are: to analyze, in judicial practice, how Indigenous rights are applied during criminal proceedings; to investigate lawsuits in which Xavante Indigenous people are accused of crimes against the National Institute of Social Security (INSS); and to assess which conception of Indigenous identity prevails, as well as to understand how this conception connects to the availability of access to justice. This study adopts a critical analysis of ethnic identity in judicial proceedings in which Xavante individuals are defendants, especially in cases involving social security fraud. The selection of the Federal Judicial Subsection of Barra do Garças-MT is justified by its position as a regional center, attracting Xavante people seeking access to public goods and services 

to a greater extent than in other municipalities in the region, as well as by its jurisdiction over Xavante territory—a people whose history of resistance is linked to the conquest of rights and the preservation of their culture. The methodology used is document ethnography, analyzing laws, resolutions from the state agencies involved in the study, and criminal cases involving Xavante individuals accused of crimes against federal public agencies, as well as the judicial proceedings processed in the Federal Court of Barra do Garças-MT. The cases were selected by identifying individual demands of Xavante people at the Federal Regional Court of the 1st Region, cross-referenced with data provided by the Federal Justice Subsection's administration, and through internal system and website searches, using the “major fraud” filter. Legal practice does not comply with specific legal provisions, such as the rules of the CNJ resolutions. In the cases examined, there is no mention of culture or identity, and the idea of the “Indian” represented by FUNAI persists, indicating the maintenance of the tutelary regime. The Indigenous subject is treated as if they were a non-Indigenous person, considered assimilated due to the absence of any reference to ethnic identity. Even in the rare instances where there is mention of Indigenous status or where the defense invokes ethnic identity based on CNJ Resolution 287, such claims are denied on the grounds that the individual speaks Portuguese and holds a public position, thus regarding the Indigenous as assimilated and, therefore, ineligible for the legal protections specific to Indigenous peoples. Ignorance of the institutional functions related to Indigenous rights, the omission or denial of these rights, and the generic treatment of Xavante individuals—without considering their ethnic identity—perpetuate the colonial project of erasing Indigenous identities in Brazil, resulting in the continued attempt to transform Indigenous people into assimilated or “disappeared” Brazilians within the national collective.

COMMITTEE MEMBERS:
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externo à Instituição - FERNANDO ANTONIO DE CARVALHO DANTAS - UFG
Presidente - 1999301 - REBECCA FORATTINI LEMOS IGREJA
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN
Externo à Instituição - TÉDNEY MOREIRA DA SILVA - IBMEC