GUARANI TWIN ABANDONMENT UNDER AN ANTHROPOLOGICAL, SOCIAL AND CULTURAL PERSPECTIVE

Abstract

It deals with the abandonment of twins in Guarani communities in Brazil and the legal framework of this act in Brazilian law from the perspective of the theory of law and related to such practice. In view of the international and constitutional protection of the absolute human right to freedom of worship, belief and religion, an analysis of this millennial cultural practice in the Guarani tribes is essential in view of the internal understanding of the offense and the framework of the act in the light of the cultural defense theory, under penalty of the State acting in disagreement with the constitutional and international protections and guarantees granted to indigenous peoples, which justifies the choice of theme. The construction of this study takes place through hypothetical-deductive methods; historical-deductive and pragmatic-systemic. One of the objectives achieved in this research was the demonstration that twin abandonment by the Guarani community can be considered as a culturally motivated crime through the application of supralegal causes of exclusion of illegality embodied in the multiculturalist cultural defense theory, leaving behind that segregating and prejudiced view coming from the colonial period, adept at the egalitarian assimilationist model of law. Thus, the practical application of such theoretical guidelines will be sought in the State's action in concrete cases, in order to achieve an adequate provision of justice to minority groups in Brazil, serving this project as a lighthouse to illuminate the obscurities that involve indigenous peoples and which, for the time being, remain veiled by state political interest.