População ribeirinha de Rondônia e o estatuto do desarmamento

compreensão do direito penal a partir da teoria do delito culturalmente motivado

Abstract

This Doctoral Thesis entitled “Population who lives around the rivers of Ama­zônia (Ribeirinha, in portuguese) and the Disarmament Code: a new unders­tanding of Criminal Law based on the theory of the culturally motivated crime felony” deals with the possibility of exemption of punishment to these people when practicing behaviors that seem to fit the criminal types provided for in the Disarmament Code. It is part of my research the Politic State, Transnatio­nality and Sustainability, emphasizing the Constitutionalism, Transnationality and Sustainability, who are analised in three differents parts. The first part goals to know the Ribeirinha Community, emphasizing the need to ensure res­pect for its culture and recognition of its identity. The second one, aims to con­textualize Sustainability, focusing on the social dimension, establishing it as a direct result of the Dignity of the Human Being. Social sustainability must be linked to the fraternity by providing the legal and penal treatment to the most fragile and isolated communities in the interior of the Brazilian Amazon. The third party, at least, intends to point out that the criminallegal disregard of the crimes foreseen in the Disarmament Statute when the conduct is practiced in the context in which the community is addressed is a more appropriate mea­sure. The Ribeirinhos live in isolation, away from the political and socio-cul­tural treatment typical of urban life and receive little from the Public Power. However, in the criminal sphere, they receive an inadequate and disjointed treatment of fundamental rights and guarantees, with disrespect to Multicul­turalism, disregarding Transjudicialization, which has been established as a paradigm of a new way of evaluating law. In the end, the thesis target out ways for what is considered the constitutional treatment appropriate to the conduct practiced by this Traditional Community of the Amazon. Regard the methodology, the Results Report reached in the Thesis is composed of the Inductive Logic base.