THE ANALYSIS OF THE LEGALITY OF OVERT POLICING IN INDIGENOUS LANDS: THE CONSTITUTIONAL COMPETENCE OF THE AMAZONAS MILITARY POLICE IN LIGHT OF THE FEDERAL PACT

Abstract

This article analyzes the historical, normative, and theoretical foundations that should guide the actions of the Amazonas Military Police (PMAM) with indigenous peoples, proposing guidelines for the construction of rights-based policing. It begins with a critical analysis of the power project of Modernity, which structured the Brazilian State on axes of exclusion and standardization, generating historical vulnerability for native populations. Subsequently, it addresses the paradigm shift represented by the New Latin American Constitutionalism and legal pluralism, which offer new foundations for the relationship between the State and indigenous peoples. The research, qualitative, exploratory, and descriptive in nature, uses bibliographic and documentary research techniques, examining landmarks such as the Federal Constitution of 1988, ILO Convention 169, CNJ Resolutions No. 287/2019 and 454/2022, as well as jurisprudential precedents that have consolidated the recognition of legal pluralism in the country. It is concluded that overcoming the paradigm of exclusion requires the adoption of a Standard Operating Procedure (SOP), for which this article proposes three fundamental axes: in-depth training, specialization of the force, and the adoption of intercultural mediation as a doctrine, aiming to transform police practice in the Amazonian context.