Diversities from possibilities already inscribed in reality: the situation of indigenous people imprisioned in Brazil

Abstract

The article discusses diversity based on possibilities already inscribed in reality. It questions the uses of the law, prioritizing that which respects ethnic diversity, as opposed to that which serves as an instrument of domination of one culture over another. The research is qualitative and is based on a bibliographic review. Without ignoring the selectivity and other overloads of the penal system, the first item discusses the emancipatory potential of the law form. It then indicates concrete legal proposals, such as Resolutions 287/2019 and 454/2022, both from the National Council of Justice, with a view to reducing the vulnerability of indigenous people in the penitentiary environment. It concludes by the importance of seeking new institutional designs, having as a preliminary condition respect for the diversities that characterize the country, especially those related to indigenous peoples.