“COLLECTIVE GUARDIANSHIP” BY THE FEDERAL PUBLIC MINISTRY ON THE RIGHTS OF TRADITIONAL POPULATIONS. INITIAL REFLECTIONS ON CITIZENSHIP FROM THE CASE OF THE SACRED SANTUÁRIO DOS PAJÉS, IN BRASÍLIA/DF

Abstract

This paper addresses, based on elements of broader ethnographic research, the participation of the Ministério Público Federal - MPF (Public Ministry) in the judicial recognition of the Sacred Sanctuary of the Pajés, located in Brasília, as a traditionally occupied indigenous land. The recognition took place in a lawsuit proposed by the MPF/DF (Federal Public Ministry of the Federal District), which continues to follow the case. An analysis is proposed from the perspective of the anthropology of law, which allows for a deep theoretical approach to the theme of rights enforcement.

The participation of the MPF is examined through the native category of "collective guardianship" (tutela coletiva) which designates the defense of collective rights, shedding light on the tutelary characteristic of this role of the MPF. The MPF acts supported not only by the idea of "hipossuficiência" (lack of power or vulnerability), which underpins the institutional function of the organization but also, paradoxically, by the discourse of respecting the viewpoint of those involved. However, this role is strained by the protagonism of the indigenous community in defending its interests. Consequently, there is a dissonance between the discourse and the institutional practice, with implications for the conflict management process.