A Jurisdição Especial Indígena como estratégia de gestão de segurança pública: o que tem o Brasil a aprender com o caso colombiano

Abstract

Law is the result of a historical process of social struggles, state action is not its exclusive sociological source, so law can also be produced in communities. The Constitution of Colombia innovated by guaranteeing indigenous peoples the right to exercise jurisdictional functions within their territories, in accordance with their own norms and procedures, as long as they were not contrary to the Constitution and the laws of the country. In this way, Colombian indigenous communities are able to imprint their culture and way of life in their own legislation, implying a greater degree of appropriation of the law by these communities. In this way, the Special Indigenous Jurisdiction emerges as a social technology that was born at the moment of implementation of legal pluralism as a constitutional precept in Colombia, being designed to democratize access to justice for indigenous communities, gaining a strategic connotation in the context of public security in Colombia due to episodes of chronic violence experienced in the country since the 1980s. In the research, the Special Indigenous Jurisdiction was studied from the perspective of the Decolonial Project, which was created to complement the sense of decolonization. Therefore, it is observed that the success of the Special Indigenous Jurisdiction is related to this decolonial paradigm, resulting from the fact of implementing a new way of managing justice that is not linked to the logic of the Western justice system, which came along with European colonization. and which is not suitable for adoption in its entirety in Latin American countries, due to the fact that they are not adapted to the customs and traditions of part of the population, which is the main victim of this violence. Taking into account the proposed theme, the research has an exploratory-descriptive, as well as qualitative, character.