A constitucionalidade do projeto de Lei n° 1.057/07 que criminaliza como infanticídio práticas indígenas

• Autor(a) principal: Pozza, Manuela Nunes
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5511
• topic: Projeto de lei; Direitos fundamentais; Infanticídio

The present study aimed to analyze, from the perspective of the legal-procedural criminal law, the draft Law that criticizes the practice of infanticide in indigenous communities. The paper analyzed the constitutionality of bill n. 10.057 / 07 with a comprehensive notion of preventive constitutionality control as a counterpoint to the cultural practice of indigenous infanticide, a topic that has been the subject of great legal and cultural controversy in Brazil. This is a descriptive study to use the results in pure form. During its development, a bibliographical research was carried out on issues relevant to the theme, such as: indigenous culture, concept of life, criminal procedural law, criminal classification and criminal responsibility of the Indian. This analysis has a totally qualitative character, because it was tried to know the nature of the object under study using bibliographical and documentary research. The work also aims at the analysis of the non-accountability and fundamental rights questioning the reasons why indigenous infanticide is practiced, besides the form that this crime happens in the tribes. Therefore, this work can become an instrument of awareness that can help in the reduction of practice so harmful to the fundamental rights guidelines established by the Basic Law itself. The study concludes that the indigenous child has the right to protection of life and health, among others that the Federal Constitution provides. These rights can not be violated in any way, especially in an inhumane way. The sacrifice of indigenous children in the communities, in an anthropological view, is really a custom, a striking feature of culture.