The Krahô People are an indigenous ethnic group whose territory is located in a traditionally
occupied area named Kraolândia, distributed between the municipalities of Goiatins and Itacajá,
in the State of Tocantins - Brazil, and submitted to the jurisdiction of these two districts,
according to the limits territories of each municipality. Despite the Brazilian State granting
autonomy to indigenous communities to organize and manage their socio-political-cultural
dimensions, there is a limitation regarding facts occurring in their territory or related to their
members that clash with the regulations of Brazilian criminal law, insofar as this autonomy will
only apply to low complexity situations. In this context, in cases where the Narion-State
understands that there is greater complexity, such facts will be managed by the Nation-State
through the Judiciary. Thus, the present work, based on the analysis of 05 criminal cases of
interest to the Krahô communities, presided over by the districts of Goiatins and Itacajá between
the years 2010 and 2021, aiming to study the consequences of the current structure of “state
protection” over indigenous communities from the perspective of the application of Brazilian
Criminal Law on Krahô communities, analyzing whether there are symmetries and correlations
between Brazilian criminal law with and in the Krahô social structure, both to understand the
effectiveness of these mechanisms, and to understand whether this overlapping of epistemes
does not it would be a new type of colonizing act, based on the stigma of “racial superiority”,
as well as the dialogue or monologue that takes place between the different concepts from the
perspective of theorists, the State and indigenous people about their cultural practices when
they collide with Brazilian criminal concepts. Finally, understand how, in the course of these
demands, the right to protect the culture of these communities is expressed in this Nation-State
intervention when seeking jus puniendi, and it is also its duty to promote the protection of rights,
culture, language and other cultural aspects of these traditional peoples.
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