Crime, Individuals, and Society: Indigenous Rights, Anthropological Expertise, and Tensions in the JudiciaryThis paper analyzes the current clashes over anthropological expertise in criminal cases and/or the imprisonment of people belonging to indigenous peoples, based on Resolutions 287/19, 454/22, 524/23 and 544/24 of the Brazilian National Council of Justice, and the possible impacts on concrete legal cases. To do this, it was necessary to situate the issue in relation to the contexts of the Indigenous Statute; the 1986-1988 Constituent Assembly; the 1988 Federal Constitution and ILO Convention 169. The provisional considerations of this ongoing research indicate that the drafting of new resolutions by the National Council of Justice has raised the debate about indigenous identity in Brazilian legal-criminal treatment, opening up space for the issue.
Keywords:
Anthropological Expertise; Indigenous Rights; Criminal Justice