Brazilian Tribe to Host the First Entirely Indigenous Jury

04/21/2015 - 11h10

On Thursday, April 23, a tribe in Roraima will host the first jury entirely comprised of native Brazilians, the first in Brazil. As two Macuxi Indians are accused of assault with intent to commit murder, the case will be decided according to the penal code.

The case is being praised by the Judicial Branch, but anthropologists say the native Brazilians are nervous. The case involves a taboo in the communities: the evil entity Canaimé.

The assault occurred in a bar because the defendants suspected that the victim had brutally killed two other Indians - they believed Canaimé was responsible for the murders. They were arrested as they tried to slit the victim's throat.

The fear is that the victim could face death threats by tribes in the surrounding areas after the trial, as they would believe that he is, in fact, the evil entity.

"When you kill a Canaimé, you are not tried because you are ridding the community of an evil force," says anthropologist Lêda Martins.

It could also lead to conflicts between Indigenous leaders. "It won't be a question of consensus, as they are used to," says Martins, highlighting that the final decision will be made by a white man.

The jury will be comprised of 30 native Brazilians of four ethnic groups. Seven will be drawn by the jury.

Crimes in indigenous territories are decided by local leaders and not subject to Brazilian laws. They are often disputes that end in injuries or death. The punishments could be banishment from the tribe, community service or prohibition from participating in events.

Those sentences can be legitimately recognized if they reach the courts.

This case, however, occurred in an urban territory. Judge Aluizio Ferreira, who will conduct the jury, has already refrained from sentencing a native Brazilian accused of homicide, stating that he had already been punished by his peers.

Translated by THOMAS MUELLO

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