A capacidade eleitoral dos povos indígenas na circunscrição de São Gabriel da Cachoeira/Am à luz da multiculturalidade declarada na CRFB/88

Abstract

This survey arose from a critical reflection on the incompleteness of the Justice System in the inner part of Amazonas, especially the Electoral Justice. Considering the place of speech as a representative of the State exercising the function of Electoral Judge, it was questioned whether just ensuring that the urns are in the most distant polling stations guarantees effective participation in the political sphere of minorities and the vulnerable. Analyzing, in particular, the exercise of electoral capacity by indigenous groups, it was possible to observe that there is much to be researched on how they vote and how think about politics, as well as on their candidacies and parliamentary actions. The indigenous approach first goes through electoral jurisdiction, mainly in the state of Amazonas, in which about ninety thousand indigenous electors vote, without, however, achieving representation that can sustain territorial and cultural rights or even the so-called self-determination. Therefore, the general objective of this project is to discover tangible mechanisms that can be implemented by the State to make the exercise of political rights by indigenous groups in the State of Amazonas effective and, thus, guarantee representation to this community and consequent applicability to the multiculturalism declared in the art. 231 of the Constitution of the Federative Republic of Brazil. Therefore, to understand the phenomenon of multiculturalism and its correlation with the political participation of indigenous groups in the Amazonian election process, mostly descriptive research and bibliographic will be carried out with texts, scientific articles and books made in Law and Political Science, as well as a survey of electoral data through the Regional Electoral Court of the State of Amazonas - TRE/AM. In turn, to achieve the objectives the research will use the qualitative method for the empirical study of the legal phenomenon, with observation and description of work in Indigenous Communities in the Municipality of São Gabriel da Cachoeira/AM, the only municipality in the country with more than 90% (ninety percent) of the indigenous population, including 26 different ethnic groups and 18 languages spoken, specifically in the preparation of meeting minutes and use of documents as a source. At the moment, the procedure can be conceptualized as a public hearing with a record of the debates. Based on the theoretical assumptions that support the research, the study pursues the hypothesis that, to participate directly in the power table of democracy, indigenous peoples need to guarantee their representatives through the vote. As for the active electoral capacity, one could think of a valid informational right to reach what can be called a substantial vote, avoiding failures in intercultural communication, so that the dialogue is not tainted by the rules of the hegemonic discourse. Concerning passive capacity, it would perhaps become necessary to have electoral legislation that takes into account the cultural and ethnic diversity of indigenous peoples, to establish special rights of representation, such as the stimulation of candidacies. In effect, a process of regulatory adaptation that allows embracing real indigenous participation, in plural and intercultural perspective. To the extent that this process becomes effective, one may perhaps think about the applicability of article 231 of the Federal Constitution.