PRÁTICAS E SENTIDOS DE JUSTIÇA EM CONFLITOS PELA TERRA ENVOLVENDO INDÍGENAS E QUILOMBOLAS: USOS E MOBILIZAÇÕES DOS LAUDOS ANTROPOLÓGICOS EM PROCESSOS JUDICIAIS

Practices and meanings of justice in conflicts over land involving indigenous and quilombolas: uses and mobilizations of anthropological reports in legal proceedings

Abstract

The identities and territorialities of traditional nations and communities are recent guarantees in Brazil. Only with the 1988 Democratic Constitution begin substantive movements to repair the processes of subjugation/exclusion/marginalization to which these subjects were subjected. Furthermore, despite being clearly guaranteed in the post-88 legal system, on the material plane these identities and territorialities are not effectively guaranteed, due to the State's difficulty in understanding and internalizing the categories under which the lives of these groups are based, especially in the context of conflicts for land that development processes impose on a daily basis and that directly impact the ways of doing, living and creating of these groups. Taking into account the mismatch generated by the lack of understanding of cultural diversities in state political and legal processes and assuming that the contributions of anthropological reports in court proceedings point out new possibilities in the sense of overcoming the obstacles imposed by modern law to guarantee rights based on diversity, the present papper, homonym to the doctoral thesis defended by the author, proposes to reflect on how anthropological reports contribute to the legitimacy of these subjects' rights by inserting subsidies so that legal decisions on the lives of these human groups respect their sociocultural dynamics as much as possible.