Análise pluralista do diálogo entre a normatividade nacional brasileira e a do povo tukano

Abstract

SILVA, Yury Dutra da. Pluralist Analysis of the Dialogue between Brazilian National Normativity and that of the Tukano People. Dissertation (Master's in Environmental Law) – Universidade do Estado do Amazonas, Manaus, 2025. 111 p. Supervisor: Prof. Dr. Alcian Pereira de Souza. This dissertation develops a pluralist analysis of the cultural and legal clash between the Brazilian national norms and those of the Tukano people. The aim is to demonstrate that the social and organizational complexity of the yepahmasã reveals the existence of a legal system specific to this people, with claims to autonomy. It also argues that Legal Pluralism can provide better answers to the tension between these legal systems, overcoming the monist paradigm in cases involving treatment in the specialized indigenous health network. Based on the application of the content of Art. 19-F of Law No. 8.080/1990, considering the preponderance of the patient's choice and the collective project of the respective indigenous people, with a special focus on the associated therapeutic technique, which brings together the ancestral knowledge of the kumuã and Western medicine. Furthermore, reckoning the wide range of indigenous peoples and the centrality of the discussion to the Amazon region, it proposes a conceptual re-evaluation of classic categories such as State, Nation, Sovereignty and Law. In procedural terms, bibliographical research was carried out, drawing on multidisciplinary knowledge from areas such as Anthropology, Sociology, Political Theory and Economics, in an arrangement of historical-dialectical reasoning and Complex Thinking methodology. The conclusion was that there is a Tukano legal order, and that pluralist thinking is appropriate for resolving conflicts involving the governance of indigenous bodies by conflicting normative systems. Furthermore, proposals aligned with the specificities of Brazil were suggested. These included the urgent need to create an Indigenous Jurisdiction, possible federal rearrangements and the development of constitutional hermeneutics that considers the normativity of indigenous peoples to the highest degree, constituting a block of pluralist constitutionality. It is hoped that this research will contribute by launching new perspectives on respect for the jusdiversity of indigenous peoples and foster a horizontal multicultural discussion on the construction of their political and legal autonomy.