THE ANTI-DISCRIMINATION CASE MANAGEMENT IN THE CIVIL PROCEDURE LAW AND INDIGENOUS PEOPLES

• Autor(a) principal: Sousa, Raffaela Cássia de
• Data de Publicação: 2022
• Outros Autores: Rios, Roger Raupp
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/4255
• topic: anti-discrimination; indigenous peoples; case management; antidiscriminación; pueblos indígenas; gestión de casos; antidiscriminação; povos indígenas; gerenciamento de processos

Objective: The purpose of this article is to investigate the existence of anti-discrimination duties in the case management involving indigenous peoples, based on the Code of Civil Procedure. Therefore, the hypothesis presented is that, in addition to the substantive law rules, procedural rules must also respect anti-discrimination duties.Methodology: As a methodology, a qualitative approach is adopted, through a review of specialized literature and legislation.Results: It’s concluded that Brazilian civil procedural law, by adopting the case management in cooperation with the parties, also adds anti-discrimination duties to the procedural norms, allowing the adaptation of the process to the specificities of indigenous peoples, expressing the commandment of equality provided for in the Constitution and emphasizing ethnic discrimination as a prohibited criterion of anti-discrimination law.Contributions: The article contributes to the reflection that anti-discrimination duties, in addition to material norms, also reach the procedural norm and that case management (intra-procedural) is an important instrument to guarantee procedural equality for indigenous peoples.