FOUNDATIONS FOR A CRITIC OF THE NATIVE AMERICAN STATUTE: RACE AND HISTORY BY LÉVI-STRAUSS

• Autor(a) principal: Castro, Alexander Rodrigues de
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica do Curso de Direito da UFSM
• Texto Completo: http://periodicos.ufsm.br/revistadireito/article/view/20970
• topic: assimilação; estatuto do índio; Lévi-Strauss; política indigenista; racismo

In its constitutional orientation and ratified international agreements, Brazil has abandoned the assimilationist paradigm in the treatment of the Native American question. However, more than 25 years after the enactment of the new constitution, the legislation is yet to be reformed accordingly. A persistent incomprehension of the incompatibility between assimilation and acculturation policies and the orientation adopted by the constitutional legislator has contributed to the maintenance of this state of affairs. In Race and history, one of the most important anti-racist manifestos of all times and a seminal text in the paradigm shift of policies concerning indigenous and traditional peoples, Lévi-Strauss deconstructs the theoretical and anthropological foundations of assimilation and acculturation policies, offering us a key to better understand the orientation of Native American policies after the 80’s, exposing the racism underlying the legislation on Native peoples.mo style='margin-top:0cm;tab-stops:35.4pt 70.8pt 106.2pt 141.6pt 177.0pt 212.4pt 247.8pt 283.2pt 318.6pt 354.0pt 389.4pt 424.8pt'>The one that commits a criminal offense, after being processed and convicted to serve time, in a Democratic State based on the rule of law, respecting the constitutional principles, will only be deprived of the legal good liberty. There is no legitimacy in and it hurts the finalty of the punishment application to disrespect the fundamental rights of the prisoner. Although, the brazilian prison system repeatedly disrespect fundamental rights, beyond deprivation of liberty. This work proposes analyzing the occurrence and the consequences of vio-lating the fundamental rights of prisoners in regard to the Criminal Garantism theory, the perspective developed by the preceptor Luigi Ferrajoli, proposing that the State is responsible for developing criminal garantist politics, applying the minimum criminal law, based on strict legality, analyzed in its substantial aspect and  not in its merely formal one.