indigenous customary law: Jus puniendi and the criminal culture of people

The following text aims to briefly outline the indigenous peoples' concept of law in their communities, as well as its internal legal structure, based on their customs and traditions. To this end, the issue of the state's right to punish was addressed, using it as a standard of comparison with what occurs internally in a village. From this, it was conceived that, even though the chief is considered a religious leader externally, and for this reason is not considered to hold political and decision-making power, and is not able to guide conduct, internally there is something similar to the social constitution that is known. That is, not only does the chief have decision-making power, but he also determines harmful or beneficial conduct within the village, as he is seen as a leader and authority by the indigenous people. Even so, despite the recognition of cultural diversity and the right to difference, the common behaviour in Brazilian society is one of integration into the supposed "civilised and homogeneous society" that constitutes the State, a precept acquired from a culture of exploitation and the eradication of the original rights inherent to indigenous peoples.