Transconstitutional Talk Between the Indigenous Culture and the Brazilian Constitutional Order

Abstract

The research seeks to comprehend the existing cultural conflicts in Brazilian Territory between the culture of certain indigenous cultures, which are similar to their own normative order and the Brazilian Constitutional Order, approaching for that the Law Project no. 1057/2007, which is about the infanticide in some indigenous traditions. It aims to analyse the matter under the Transconstitutional Theory as a means of building a transversal rationality that proposes a profitable dialog amongst the juridical orders. The result of the article points specifically to the mediation that seeks the litigation settlement, making possible a vision of otherness.

Keywords

• Cultura indígena
• Mediação
• Transconstitucionalismo.