"Protecting heaven, earth and rights: towards a public security policy for and with indigenous peoples in Brazil".
Public security. Public safety. Indigenous people. Territory. Autonomy. Brazil.
This dissertation aims to demonstrate the absence of reflection and political formulation necessary for the implementation in Brazil of a public security policy that effectively protects the rights and territories of indigenous peoples, respecting their demands and their sociocultural specificities. From the perspectives of decoloniality, critical criminology and human security, the public security policies implemented in Brazil since the 1988 Constitution were analyzed, at the federal and state levels, through a survey and critical analysis of norms, documents and plans, in addition to of consultations through the Law of Access to Information to the public agencies involved in the subject. In the first chapter, the protective paradigm of the rights of indigenous peoples and the concepts of territoriality and territory are addressed, understanding this as an indispensable condition for the exercise of sociocultural autonomy of indigenous peoples. In the second chapter, the concept of public security is addressed, understanding this in a double sense, as a fundamental duty of the State and a fundamental right of all, including indigenous peoples, presenting the challenges to the implementation of a security policy aimed at your protection. In the third and fourth chapters, the results of the empirical research carried out are presented, which demonstrated that the issue of indigenous rights was never addressed in the National Public Security Plans edited after redemocratization, that there is overlapping of federative competences, that there is a lack of clear parameters on which bodies should act and on how the exercise of the police force should be carried out in actions involving indigenous peoples and territories, in the light of their socio-cultural rights specifically protected by the constitutional and conventional regulations in force in Brazil. It concludes that there is a need for a public security policy that meets indigenous sociocultural specificities, in the prevention and repression of crimes, through intercultural dialogue with groups historically excluded from this debate, aiming to overcome the paradigms of monism, integrationism and authoritarianism, that still manifest themselves in the relationship between the Brazilian State and indigenous peoples. In the conclusions, possible ways are presented to better protect indigenous territories against invaders and also meet the demands of common criminality, recognizing and respecting the autonomy of indigenous peoples for territorial management and conflict resolution, especially in a context of escalating violence that threatens their individual and collective existence, accentuated by factors such as the lack of transversal public policies, land grabbing, problems due to alcohol and drugs, environmental crimes, cross-border organized crime and illegal mining.