Infanticídio indígena : o embate existente entre os direitos relacionados à cultura indígena e direito à vida.

Abstract

Indigenous infanticide, a cultural practice of some tribes in our country to kill their unwanted children generates many controversies because it conflicts with the right to Brazilian indigenous culture and with the right to life to everyone. This work approaches the practice of indigenous infanticide, seeking to clarify their motivations, as well as to pursue means and ways to combat against such acts, within the Brazilian legal system. Considering that indigenous infanticide is a common practice in indigenous tribes against a lot of principles and norms of the Brazilian legal system, it is questioned what means can be used to combat this type of crime? Through the study of the history of the Indians, their customs and traditions, as well as the concepts that surround the custom, was analyzed the practice of Indian infanticide. In addition, a study of this practice was performed under the legal aspect to analyze the imputability of those who practice this act. In this work, the method of the approach adopted was deductive in the development and the method of procedure was the historical-critical, as it offers a time-based treatment for the object of the study. And as a research technique, indirect documentation was used, with bibliographical references of primary and secondary sources. It is essential knowledge about indigenous infanticide, such conduct perpetuated over the years in the daily life of the Brazilian Indian tribes, but this practice should be fought to preserve, first, the lives of these children.