Juridicidade Mbyá-Guarani: um diálogo entre etnologia ameríndia e direito

Abstract

The Mbyá-Guarani indigenous population occupies a territory that comprises a large portion of Argentina, Brazil, Uruguay and Paraguay. The Mbyá-Guarani people are united by complex kinship networks, which result in a frequent mobility between the Tekoá . These people, who transit among four nation-states, face a notion of Law based on written codes and introduced by a State figure (legal monism) therefore distinct from their own. Both of these elements constitute the common point among the four constitutions of the aforementioned countries, each one paying more or less attention to indigenous themes. Faced with this situation, through the use of theoretical and ethnographic support mainly based on Amerindian ethnology and mythology studies, I make a dialogue between Amerindian Ethnology and Law, considering them at a symmetric level through the Mbyá-Guarani cosmological system. This system is established as the Mbyá-Guarani Law, based on the categories “Origin Narratives”, “Dream” and “Master”. These categories are the basis for the teko , understood as the Mbyá-Guarani Law. Additionally, I also discuss how the Mbyá-Guarani Law challenges the forementioned western and modern notion of Law, including Brazil. Methodologically, this dissertation has two main components: 1) it reviews the literature on the Guarani population, especially the Mbyá-Guarani, and 2) it presents the findings of ethnographic fieldwork amongst the Tekoá Pará Roké population, located in Rio Grande, in the state of Rio Grande do Sul/Brazil.