A questão criminal em face das lutas indígenas: análise do processo criminal Paulinho Payakã

Abstract

The present work sought to understand the dynamics of criminalization against Indigenous peoples in Brazil. The relationship between Indigenous and pro Indigenous political struggles and the advancement of the criminal justice system represents the creation of a series of legal obstacles to the mobilization of Indigenous issues, through the construction of deviance and the maintenance of ethnic-racial relations of domination and exclusion. In this context, the research question that guided the study was: in what way was the integrationist paradigm used to justify the application of criminal law in the case of Paulinho Payakã?Thus, the proposed hypothesis was based on the understanding that, throughout the proceedings, there was a continuous effort to portray Payakã as a non-Indigenous person, using indicators related to the very exercise of civil rights within the Democratic State. The integrationist paradigm was, therefore, foundational to the justification for applying official criminal law in the case. The general objective was to examine how the integrationist legal paradigm was employed.