INDIGENOUS PEOPLES’ CUSTOMARY LAW AND LEGAL PLURALISM

Abstract

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.

Keywords

• Direito Consuetudinário
• Direitos Indígenas
• Pluralismo Jurídico.