Descolonizando o acesso à justiça dos povos indígenas em processos coletivos: reflexão sobre o papel do MPF

• Ano de defesa: 2025
• Autor(a) principal: Souza Júnior, Milton Tiago Araújo de
• Orientador(a): Menon, Gustavo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Católica de Brasília
• Programa de Pós-Graduação: Programa Stricto Sensu em Direito
• Departamento: Escola de Humanidades, Negócios e Direito
• País: Brasil
• Palavras-chave em Português: Acesso à Justiça; Povos indígenas; Ministério Público Federal
• Palavras-chave em Inglês: Access to justice; Indigenous peoples; Federal Prosecution Service
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://bdtd.ucb.br:8443/jspui/handle/tede/3790

This research is one of the first to address the role of the Federal Public Prosecutor's Office (MPF) from the perspective of decolonial theories. This innovation aims to investigate the problems of access to justice for indigenous peoples in collective proceedings, focusing on the MPF's function of defending indigenous rights, and to forge theoretical and practical tools for a genuinely multiethnic justice system. To this end, from the outset, the work acknowledges the insufficiency of the theoretical framework of the waves of reform in access to justice due to its conservative focus on the abstract and universal subject of law, and adopts as a clear reference point the decolonial theory of Brazilian law, especially the proposal of Professor Guilherme Roman Borges, which aims to deconstruct universality and demarginalize indigenous subjectivities. Based on this, arguments are made that the effectiveness of civil procedure depends on the reception and respect for indigenous culture and worldview, concluding that material equality is only achieved when indigenous customs and traditions are considered valid legal experiences in collective proceedings. It is observed that the role of the Federal Public Prosecutor's Office (MPF) in defending the rights of indigenous peoples (a minority that needs partial action to balance its disputes) is a constitutional duty that coexists in tension with the function of defending the legal order (an activity with an impartial and neutral stance). Based on the documentary analysis of 63 public civil actions filed by the MPF in defense of indigenous rights, a "rationality of silence" is identified in the institution's judicial practice, which still prioritizes provoking state actors to speak about violations of indigenous rights to the detriment of the injured indigenous people, and it is considered that such conduct stems from the Eurocentric rationality that permeates the body. Thus, institutional conduct is proposed to decolonize the actions of the Federal Public Prosecutor's Office (MPF), the first being linked to its role as a representative of indigenous peoples in court – inspired by Professor Edílson Vitorelli's theory of representative process – and the latter linked to its role as a guardian of the law in cases where indigenous peoples directly demand recourse from the judiciary, all connected to strengthening indigenous decisions and dispensing with Eurocentric formalities. Therefore, this research uses an exploratory methodology, aiming for greater familiarity with the theme of access to justice for indigenous peoples from a decolonized perspective. The method employed is a bibliographic review of theories, based on books, periodicals, articles, and documentary research at the Federal Court of Pará.