Under a critical eye: the institutional reception of the indigenous children and adolecents

Abstract

This article intends to present the institutional reception of indigenous children and adolescents in situations of risk and social vulnerability principle; analyzing, to this end, the context that leads to state intervention, as well as the treatment conferred to them in State-institutions, seeking to confirm that cultural specificities are not respected and, much less, considered when intervention seems needed within a legal system with a colonialist bias. Therefore, based on the deductive method and through a critical-descriptive research, carried out though a qualitative-localized bibliographical, documentary and jurisprudential survey, this article aims at detailing the said principle, demonstrating the reasons for the occurrence of indigenous children and adolescents’ institutionalization, and the specificities of cases involving such practice in Brazil. At the end, the conclusion is that the norms that protect children and adolescents in Brazil as well as those that protect the indigenous culture are evidently violated, leading to the cultural annulment of these peoples in the country.