Abstract
This article brings an expository study, through the technique of bibliographic review and case study, between the Criminal Justice system of Indigenous Peoples in Brazil and the United States of America, based on the analysis of legislation and case law in both countries, backed by specialized literature. From the theoretical matrix of legal pluralism, the study focuses on the rules of competence for the exercise of criminal jurisdiction, on how the Courts interpret and apply these rules and how these impacts on the recognition of self-determination of these peoples. Finally, considering that in the United States, the recognition of the right to self-determination is more consolidated, with the effective management of resources destined to public policies, for example, it is possible to point out an evolutionary parameter for the Brazilian criminal justice system. This is because Brazilian law not only disregards the right of indigenous peoples to resolve their own conflicts, but when administering justice, the Courts often violate the human rights of the accused, based on an assimilationist view outdated by the 1988 Constitution and international law.
Keywords:
Indigenous Peoples; Brazil; USA; Criminal Justice System; Competence