Descolonizando a justiça –o reconhecimento dos sistemas normativos indígenas e os desafios do direito pluralista no Brasil

In a country deeply marked by ethnic and cultural diversity, the coexistence of multiple normative systems has always been established in a tense and unequal manner, histori-cally subordinated to the hegemony of a state legal model of colonial origin. Thus, it becomes essential to reflect on the possibilities of recognizing and valuing Indigenous normative systems, which legitimately express their own ways of social organization, conflict resolution, and the production of justice. This study, therefore, aims to analyze the traditional legal practices of Brazilian Indigenous peoples, as well as the tensions and contradictions that arise when such systems are confronted with state law, which remains strongly anchored in monocultural paradigms. Moreover, the study seeks to understand the institutional, political, and epistemological challenges involved in building a pluralist model of justice that can respectfully and legitimately accommodate collective rights and Indigenous legal epistemologies. The objective, therefore, is to critically reflect on the possible paths toward the decolonization of justice in Brazil, so that the normative auton-omy of Indigenous peoples is fully recognized. In other words, the intention is to demon-strate how justice, as a social and political practice, can be re-signified beyond the bound-aries of Western legal positivism, opening itself to intercultural dialogue and the ecology of knowledges. Based on these considerations, the guiding question is posed: how can the Brazilian state effectively decolonize its legal structure, recognizing and respecting In-digenous normative systems, without subjecting them to the assimilationist and homoge-nizing filters of official law? Theoretically, we drew on the works of Almeida (2008; 2013), Borrows (2010; 2016; 2019), Cunha (1998; 2013; 2016; 2018), Dallari (1988), Dussel (1982; 2000), Guevara Gil et al. (2021), Kymlicka (1995; 2001), Marés (2013), Quijano (1992; 2000), Roach and Borrows (2019), Santos (2002; 2014; 2016; 2017; 2020), Silva (2008; 2016), Tully (1995), Walsh (2005; 2019), Wagner (2004; 2013), the Statute of the Indian (1973), among others. The research is qualitative (Minayo, 2007), bibliographic and descriptive (Gil, 2008), with an analytical-comprehensive approach (Weber, 1948). The findings revealed that Indigenous normative systems, although le-gally marginalized, continue to play a fundamental role in conflict mediation, social or-ganization, and the administration of justice within their communities. These systems are based on values such as collectivity, orality, spirituality, and territoriality, distinguishing them from the Western legal model centered on written norms and individualism. Fur-thermore, it became clear that state law, by disregarding these plural forms of justice, perpetuates a legal colonialism that denies full recognition of Indigenous autonomy. Fi-nally, concrete experiences of intercultural articulation were identified, pointing to viable paths toward a respectful and radical legal pluralism.