Magistrates and other legal operators to make this reality effective

anik4200

As there is already a federal law that governs the matter, the judge stated that the Nuporanga rule also invaded the Union's competence to legislate on health care and public assistance, the protection and guarantee of people with disabilities, "which also justifies the formal unconstitutionality, depending on the open cause of action".The Judicial Research Department of the National Council of Justice launched last Friday (24/3) a questionnaire on indigenous rights and access to justice. The objective is to support the development of a manual to guide courts and magistrates on the access of indigenous people to the Judiciary. Antonio Cruz/ABr Agência Brasil CNJ will prepare a manual to guide courts on access of indigenous peoples to the Judiciary Based on the answers acquired through the research, the aim is to obtain a diagnosis of how the Judiciary Power promotes access to Justice for indigenous peoples and evaluate how the rights of these peoples are being applied in accordance with what the CNJ established through resolution.

For the supervisor responsible for the initiative, the assistant judge of the CNJ presidency Lívia Peres, the diagnosis will be one of the foundations for the preparation of the manual that aims to reinforce the improvement of judicial activity relating to indigenous peoples and people from a humanized and harmonious anthr Special Phone Number Data opological perspective with domestic and international rules relating to the topic. “The resolution highlights the need to establish an effective interethnic and intercultural dialogue, presenting procedural forms appropriate to the specificities of the group of individuals it is intended for”, highlighted the judge. Furthermore, explains Lívia Peres, the document will offer good practices, methodology and technical guidelines to reinforce the provisions of the resolutions, ensuring that they are effectively applied in practice.



The coordinator of the Working Group that drew up the guidelines for preparing the document, CNJ advisor Marcio Freitas, reinforces the importance of the participation of respondents, since “this is a new subject, and the construction of a manual to assist magistrates and  presupposes that we have access to the good practices that have already been implemented by the various jurisdictional units". In addition to the analysis that will be carried out based on the research results, the studies to prepare the manual will be based on the three normative acts related to the topic. The first is Resolution CNJ 287/2019, which establishes procedures for the treatment of indigenous people accused, defendants, convicted or deprived of liberty and provides guidelines to ensure the rights of this population within the criminal scope of the Judiciary. The second is Resolution CNJ 299/2019, which provides for the system of guaranteeing the rights of children and adolescents who are victims or witnesses of violence, covered by Law