A responsabilidade penal do indígena e a (i)legitimidade da dupla punição
Abstract
This article aims to systematize legal issues and problematize some aspects of state punishment of indigenous people in cases of crimes, with a look at the penalties applied internally by the tribe by its members and also by the Brazilian state. Assuming that there are objective legal guidelines for an equitable treatment of the subject of this work, it is based on the hypothetical deductive method working with elements extracted from the Constitution, national legislation, international treaties enacted into the legal system by Brazil and recommendations of the National Council of Justice and considers, in a bibliographic review, issues related to the right to differences and the peculiarities of these culturally and socially differentiated groups.
Downloads
Published
Versions
- 2023-07-01 (2)
- 2023-06-30 (1)