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Unveiling the institutional arrangements in the criminalization of indigenous peoples

The logic of the enemy in the case of the Indigenous People Xukuru of Ororubá

Bibliographic Data

ID16927450
AuthorsFlavianne Fernanda Bitencourt Nóbrega (0000-0002-2349-0167, Universidade Federal de Pernambuco), Alexsandra Amorim Cavalcanti (0000-0003-2643-8134, Universidade Federal de Pernambuco)
Year2024
Volume15
Issue3
Publication date2024-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueRevista Direito e Práxis (JOURNAL)
Journal identifiersISSN: 2179-8966 • E-ISSN: 2179-8966
PublisherFapUNIFESP (SciELO) (PUBLISHER)
DOI10.1590/2179-8966/2023/72019i
OpenAlexW4411182200
LanguageEN
References cited6

Violence against indigenous peoples has notably increased in recent years, and its news has been consequent on the violence faced by defenders of their rights. This article aims to explain this pattern of violence, demonstrating how legal uncertainty within the demarcation process encourages indigenous people and landowners to go to war. Through the study of the case of the Xukuru People of Ororubá, we describe two major violent events to demonstrate the set of threats, murders, autonomous retaking of demarcated territory, and institutional violence incidents by the police, Federal Public Prosecutor's Office and FUNAI. We rationalize these facts in a game theory matrix to demonstrate that the legal insecurity of the territory under demarcation leads both sides, as rational actors, to act and use all available resources to defeat the opponent, generating a suboptimal balance. This result leads to two outspreads. First, Brazil's failure to comply with the obligation to provide domestic legal effects allows the courts to adopt a legal thesis that conditions the effectiveness of territorial rights to Funai's budget. Second, an informal institutional arrangement translated into the permanence of the territory with non-indigenous people's rule. It was identified by the set of sanctions that the literature called the enemy's logic, composed of the criminalization of indigenous leaders and human rights defenders, as well as the distortion of purpose in the performance of public bodies. Therefore, this work contributes to the literature of Indigenous Law, Constitutional Law, and International Human Rights Law by offering a causal link between state omission and physical and institutional violence

Adversary · Computer security · Criminalization · Criminology · Indigenous · Law and economics · Political science · Sociology · Cambodian History and Society · Computer Science · Crime, Illicit Activities, and Governance · Mining and Resource Management

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Citation velocityhistorical
Highly citedNo

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