O direito ao acesso à justiça das comunidades Karajá, da Ilha do Bananal, conforme as 100 regras de Brasília, e a atuação da Defensoria Pública do Tocantins na concretização dos direitos fundamentais

Abstract

This Technical Report analyzes the situation of the Karajá communities of Bananal Island, in the context of the right to access justice in a broad sense, through the work of the Public Defender's Office of the State of Tocantins, in accordance with the guidelines indicated in the Hundred Rules of Brasilia. The vulnerabilities detected are numerous and greatly affect access to justice, as a fair legal order or simply social justice. The distance from the seat of the District combined with the absence of telephone and internet signal in the indigenous territory, the language barrier among other factors contributes to historical invisibility. The research seeks to understand if the current model of public defender service is sufficient, for example. The methodology used combined the ethnography of the institutions and participant research and seeks to observe and examine whether the structure of the Public Defender's Office of Tocantins is adequate to face the obstacles that mitigate access to justice. The objective is to understand the normative instruments related to native peoples from a multiculturalist, pluriethnic and decolonial perspective, moving away from the integrationist interpretation that persists in the social and legal environment. In addition, it seeks to identify structural deficiencies in the conduct and performance of services, as well as in the results, proposing public policies in accordance with the precepts of the Brasília Rules, ILO 169, the Federal Constitution and a constitutional interpretation of the Statute of the Indian, within the scope of the Public Defender's Office and other bodies. The right to access to justice in order to be realized requires a counter-hegemonic and decolonial interpretation of human rights and the adoption of the current of legal pluralism, because only in this way will an inclusive society with real social equality be achieved, which observes the peculiarities of the researched theme. Thus, the study identifies and analyzes the obstacles that surround access to justice by the Karajá indigenous people and indicates paths to be observed by the Public Defender's Office of Tocantins and by the entire justice system. The results of the research are pointed out in practices developed during the academic career. At the end of the report, the products resulting from research and professional work with the indigenous communities of Tocantins are presented, among which the Araguaia Defender's Office project deserves to be highlighted, due to its social impact, innovation and replicability, as well as the achievement of second place in the National Contest of Successful Practices of the XVI National Congress of Public Defenders. The publications of scientific articles, participation in scientific events and meetings on indigenous themes, among others, are products of professional research. And finally, as final proposals for products that are being developed, a protocol for the care of indigenous users of the Defender's Office, a training course, the proposal to improve the Defender's Office in the Village project and the proposal for the creation of a specialized center for the defense of native peoples are listed, being the expected products of this report.