BETWEEN MITHOS AND THE LAW: “ORIGINAL SUICIDE” THROUGH THE LENS OF CLINICAL PSYCHOLOGY AND THE FUNDAMENTAL RIGHT TO TERRITORY OF INDIGENOUS PEOPLES

Abstract

This article analyzes the psycho-legal causes of “original suicide” from an indigenous perspective, focusing on the relationship between culture and territory. The objective is to investigate how the denial of territorial rights under Article 231 of the Federal Constitution impacts the native psyche and contributes to self-extinction. The research used a bibliographic and dialectic method, confronting traditional knowledge (Mithos) with Western science (Logos) between Law and Clinical Psychology. Results indicate that territory is a symbolic support for the collective soul, such that land expropriation operates a subjective demolition and the emptying of vital senses. The discussion questions whether state omission in land demarcation — judicially recognized as an unlawful act — could raise debates about the limits of Article 122 of the Penal Code, as it pushes indigenous youth into an existential void. It concludes that clinical treatment requires decolonization and territorialization. Land demarcation emerges as the most urgent psychological prophylaxis measure to ensure the original right to exist according to ancestral traditions.