THE SPECIAL FEDERAL INDIGENOUS COURT AS AN EXPRESSION OF PARTICIPATORY LEGAL PLURALISM

Abstract

This article conducts a case study of the Special Federal Itinerant Indigenous Court (JEFII), carried out in Mato Grosso do Sul, the first within the scope of the Federal Regional Court of the 3rd Region. To this end, the actions that took place in the municipality of Aquidauana (MS), from September 11 to 15, 2023 (Limão Verde and Bananal), and in Dourados (MS), from February 5 to 9, 2024 (Jaguapiru, Bororó and Panambizinho), which relied on participant observation to identify practices related to legal pluralism, were selected. The problem that guides the research is: Does the JEFII enable the application of legal practices based on legal pluralism for the granting of rights to indigenous peoples? The general objective is to analyze the adoption of legal practices based on legal pluralism aiming at the removal of barriers to access to justice. And the specific objectives: to analyze the concepts and characteristics of legal pluralism; understand the structure and functioning of JEFII, and explore the practices used in JEFII in the light of legal pluralism. The research adopts a qualitative method, with a descriptive, analytical and exploratory approach. The methodology includes a literature review, case study and participant observation.