ACCESS TO JUSTICE AND ETHNIC CITIZENSHIP (IDENTITY): ACCESS TO JUSTICE OF THE A’UWE UPTABI (XAVANTE) IN INDIVIDUAL CLAIMS IN THE FEDERAL COURT OF BARRA DO GARÇAS - MT.
Access to justice, identity, ethnic citizenship, Xavante, individual demands.
The right to diversity advocated by the 1988 Federal Constitution recognizes indigenous peoples, among other rights, respect for culture and language, as well as establishing as a corollary of the Brazilian legal system the right to access to justice. Considering that the State of Mato Grosso has one of the largest indigenous populations in Brazil, including the Xavante people, and recognizing the importance of carrying out studies on constitutional precepts in everyday forensic practice through legal reflection on the applicability of the State's Major Law is which proposes the study of access to justice and the recognition of indigenous ethnic identity. Some questions arise from the relationship between the State and Indigenous people. To reflect on the subject, the question that will guide this work will be: how does the State/Judiciary recognize the cultural/ethnic identity of the indigenous person considered as an individual within the judicial process? The locus of studies will be the Judicial Subsection of Barra do Garças-MT competent to process demands relating to the Federal Court as it covers the location of most of the Xavante territory. To this end, I propose to reflect on this topic through an interdisciplinary study with the identification of the individual demands of the Xavante carried out in exploratory process research. The methodological approach will be the hypothetical-deductive method and bibliographic research techniques that will support document analysis through document ethnography. Therefore, this study justifies the need for research into indigenous rights contained in the Constitution from an individual perspective, focusing on procedural treatment regarding identity and recognition of ethnic citizenship.