INDIGENOUS PEOPLES’ CUSTOMARY LAW AND LEGAL PLURALISM

This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law, neith...

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Bibliographic Details
Main Author: Melissa Volpato Curi
Format: Article
Language:Spanish
Published: Universidade Federal do Rio Grande do Sul 2012-12-01
Series:Espaço Ameríndio
Subjects:
Online Access:http://seer.ufrgs.br/index.php/EspacoAmerindio/article/view/32216
Description
Summary:This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law, neither the safest or fairest manner to sort societies. The orality and the absence of the state in form of entity, which characterize customary law, give dynamism to indigenous societies and sort these communities based on the social body’s inherent rules.
ISSN:1982-6524