A violência de gênero contra mulheres indígenas: uma abordagem sob a perspectiva do pluralismo jurídico no estado de direito

Abstract

In the course of the historical-cultural process, the individual and collective rights of indigenous peoples have been systematically violated, taking away their control over their lands, territories and natural resources and modifying their social, cultural, political, legal and economic structures. At this juncture, the autonomous exercise of indigenous legal systems has been prevented, since the rule of law concentrates all powers in itself, to the detriment of the plurality of normative orders in the same geopolitical space. Indigenous women are significantly more vulnerable to acts of violence, marginalization, and social, political, and economic exclusion based on the intersection between gender, race, ethnicity, and class. However, the state legal system is insufficient to prevent, repress and redress violations of their rights due to obstacles that restrict access to justice. Therefore, notwithstanding the recognition of the specific rights of indigenous peoples in the national and international legal order, the justice systems do not ensure the full exercise of the fundamental rights and freedoms of indigenous women. In this perspective, the objective is to discuss the possibility of building an intercultural justice with a gender perspective, through dialogue between the plurality of normative orders, in order to curb violence against indigenous women, according to their demands, experiences and worldviews. For this purpose, the qualitative method is used to approach the problem. As for the objectives, it is a descriptive and exploratory research, with the use of extensive literature review.