Justiça nacional x justiça indígena: as possibilidades de diálogos interculturais como estratégia de redefinição do fato punível

Abstract

The formation of a society culturally heterogeneous, caused by migratory flows (diaspora), has been substituted by the appearance of the Multicultual Estates,what imposes new challenges to the constitutional garantees, especially in front of the criminality phenomenom.However,how is it possible to value a behavior that brings in its formation matrix principles and form of see the world different from the majoritarian opinion-which normally uses to be according to the rule? Therefore the text talks about teh reality of the aboriginal cultures that lives the Marijuana Polygon (Polígono da Maconha) and the different uses they give to the plant, what gives origin (or continuity?) to a process of criminalization and estigmatization. So, it tries to comprehend the constitutional-juridical controversy in relation to the competence to deal with the criminal processes in the case that an aboriginal is the autor or the defendant. In order to cause end in the construction of juridical theses which can be able to give a different treatment to them.