SEXUAL VIOLENCE AGAIST CHILDREN IN INDIGENOUS VILLAGES

Abstract

The crimes of sexual violence are highly serious and are repudiated by society for violating fundamental Constitutional principles and moral ethical values ​​linked to respect for the human person, which is why the Brazilian penal institute seeks to minimize them through measures of application of penalties. The Criminal title that deals with these cases has undergone many reforms with the advancement of society and the traditional changes already colonized in Brazil have not yet been considered, the victims of these repudiated acts are indigenous children who suffer for the culture where the abuser often belongs. the same ethnicity. The Indian Statute that protects the culture through the Funai Institutional Body does not provide a clear definition of the capacity of indigenous people regarding their responsibility, thus understanding that they are unimputable, different from the biopsychological system adopted by the finalist theory that governs the Penal Code, in view of this, the State is inert in complying with norms and laws to support children in a state of sexual vulnerability. In addition, State intervention is necessary with urgent measures to remedy the aforementioned situation, since there are very few isolated tribes in Brazil in relation to the number of socialized, civilized and knowledgeable Indigenous peoples of Brazilian norms.