Constitutional Effectiveness, Access to Justice and Human Dignity: Reflections in the Light of CNJ Resolution No. 287/2019

Authors

  • Antonio Hilario Aguilera Urquiza Federal University of Mato Grosso do Sul
  • Marco Antônio Rodrigues
  • Wilson Alves de Souza Federal University of Bahia

DOI:

https://doi.org/10.17564/2316-381X.2023v9n2p392-412

Abstract

The aim of this article is to reflect on CNJ Resolution 287/2019 and its application to indigenous citizens involved in criminal proceedings, ensuring that these people have the right to an anthropological report. There are occasions when indigenous people find it difficult to understand legal terms during the hearing or pre-trial phase, not fully understanding the terms and provisions that led them to suffer a restrictive measure of rights or their freedom. In view of this, a resolution was issued by the CNJ in order to extend the rights enshrined in the Constitution, enabling the assistance of an anthropologist and thus guaranteeing a fairer process when it comes to indigenous people. The research allows us to conclude that the anthropological report contributes to the effectiveness of Article 231 of the CRFB/88. Through exploratory research, seeking to understand indigenous peoples in their multiple aspects, the article will seek to achieve its objectives.

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Author Biographies

Antonio Hilario Aguilera Urquiza, Federal University of Mato Grosso do Sul

Associate Professor at the Federal University of Mato Grosso do Sul, supervisor of the research. He has a PhD in Anthropology from the University of Salamanca/Spain; he is currently a lecturer in the Social Sciences course, the Postgraduate Program in Human Rights at UFMS and the Postgraduate Program in Social Anthropology (UFMS). CNPq scholarship student (PQ2).

Marco Antônio Rodrigues

Master of Laws from UFMS (2019). Specialist in Theory and Philosophy of Law from the Pontifical Catholic University of Minas Gerais (2015). Bachelor of Laws from the Federal University of Mato Grosso do Sul (2017). Degree in Physics from the Federal University of Rio de Janeiro (2002). Volunteer at PIBIC CNPq 2014/15 and 2015/16. Member of the CNPq Scientific Research Group entitled Anthropology, Human Rights and Traditional Peoples. Researcher at FUNDECT (Foundation to Support the Development of Education, Research and Technology in the State of Mato Grosso do Sul). Lawyer.

Wilson Alves de Souza, Federal University of Bahia

Professor at the Federal University of Bahia (Faculty of Law). Visiting Professor at the University of Buenos Aires (Courses Valid for the Intensive Doctorate in Law). Visiting Professor at the University of Girona (Master's Degree in Legal Culture). Post-doctorate in Civil Procedural Law (University of Coimbra. PhD in Law from the University of Buenos Aires - Area of Procedural Law. PhD in Law and Social Sciences from the Universidad del Museo Social Argentino. Master in Economic Law from the Federal University of Bahia. Specialist in Civil Procedural Law from the Federal University of Bahia. Graduated in Law from the Federal University of Bahia. Judge of the Federal Court of the 1st Region.

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Published

2024-01-17

How to Cite

Hilario Aguilera Urquiza, A., Rodrigues, M. A., & Alves de Souza, W. (2024). Constitutional Effectiveness, Access to Justice and Human Dignity: Reflections in the Light of CNJ Resolution No. 287/2019. Interfaces Científicas - Direito, 9(2), 392–412. https://doi.org/10.17564/2316-381X.2023v9n2p392-412

Issue

Vol. 9 No. 2 (2023): Fluxo Contínuo

Section

Artigos

License

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