Intercultural due process of law and indigenous justice: reflections on the landmark Reform of the Brazilian Criminal Code of 1984

Abstract

This article examines the construction of due process of law from an intercultural perspective, focusing on the inclusion of Indigenous peoples within the Brazilian legal system. It is grounded in a critical analysis of the traditional procedural model, which has historically disregarded the normative systems specific to Indigenous communities. This discussion initiated a dialogue following the landmark Reform of the Brazilian Criminal Code of 1984, understood as the starting point of a project aimed at the humanization of law and the affirmation of legal guarantees. The research adopts a qualitative approach of an exploratory and theoretical nature, employing the case study method alongside documentary and bibliographic analysis. Concrete cases are highlighted to illustrate the practice of Indigenous justice, in which the judiciary recognized the validity of sanctions imposed by Indigenous communities in accordance with their customs. The study also examines the operation of Indigenous groups that rely on their own community-based conflict mediation mechanisms, demonstrating the effectiveness of traditional practices in resolving internal disputes. Based on these examples, the article discusses the viability of intercultural due process as a mechanism for recognizing legal pluralism and promoting a form of justice that is sensitive to cultural differences.