DIFERENÇAS CULTURAIS NA RELAÇÃO ENTRE OS PROFISSIONAIS DO DIREITO E OS TRABALHADORES INDIGENAS DA RESERVA DE DOURADOS (MS): garantia do direito fundamental do acesso à Justiça do Trabalho

• Autor(a) principal: André Luis Nacer de Souza
• Data de Publicação: 2024
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMS
• Texto Completo: https://repositorio.ufms.br/handle/123456789/8721
• topic: Reserva Indígena de Dourados; acesso à Justiça do Trabalho; cultura; etnia Guarani (Kaiowá e Ñandeva); etnia Terena

The cultural disparities existing between indigenous and non-indigenous populations give rise to numerous conflicts within the realm of labor relations. Divergent perspectives on work, land, and property engender prejudice and misunderstanding among non-indigenous individuals, while indigenous communities often grapple with difficulties in comprehending the customs, social dynamics, and production models of non-indigenous groups. In Dourados, Mato Grosso do Sul (MS), where a substantial indigenous community resides in the urban area, having occupied the Dourados Indigenous Reserve (RID) since 1917, a notable volume of labor-related disputes has been brought before the local Labor Courts as a result of these conflicts. Within this context, my research interest in this subject matter emerges. My tenure as a labor judge in Dourados, from 2017 to 2019, exposed me to challenges stemming from cultural disparities while adjudicating claims initiated by indigenous residents of the RID. The central issue of this research is to identify and examine, from the perspective of cultural differences, the difficulties faced by legal professionals (judges and workers' lawyers) when dealing with labor complaints involving conflicts with indigenous people in Dourados. To achieve this, seven hypotheses have been formulated, which will be developed throughout this work. Specific objectives include elaborating on the state of knowledge in the field and related areas on access to justice, the concept of culture, and the cultural characteristics and social organization of the ethnic groups inhabiting the Dourados Indigenous Reserve (RID); conducting a survey of lawsuits filed in the Labor Courts of Dourados by indigenous people residing in the RID from 11/11/2017 to 11/11/2022; identifying legal professionals (judges and workers' lawyers) involved in the identified complaints; inviting the identified professionals, after obtaining authorization from the Research Ethics Committee (CEP/CONEP), to respond to a questionnaire, through which the formulated hypotheses will undergo the falsification process aiming at their refutation; analyzing the data collected in the questionnaires; and formulating propositions about the research results. The justification for this research lies in the importance of the issue related to access to Labor Justice by indigenous people in an area marked by frequent conflicts between indigenous employees and non-indigenous employers. Data analysis will be conducted through quantitative research, and the collected data will be used for the formulation of propositions on the studied theme through a hypothetical-deductive method. The first chapter of this work will address the concept of access to justice, exploring its historical evolution; the second chapter will discuss cultural differences between indigenous and non-indigenous people, focusing on the RID, with considerations on the concept of culture and the cultural characteristics and social organization of the ethnic groups inhabiting the area, along with a historical overview of the RID; the third chapter will delve into the methodological aspects of the survey conducted through a questionnaire, followed by a detailed presentation of the results. using theoretical foundations extracted from the first two chapters. In the final considerations, propositions will be formulated using the theoretical substrates drawn from the first two chapters.