AN ANALYSIS OF THE MANDATORY INTERVENTION OF FUNAI IN AN ACTION TO DESTITUTE INDIGENOUS FAMILY POWER

Abstract

This work deals with the issue of the removal of family power involving children of indigenous origin. In this context, we will address issues relating to aspects of the indigenous issue as an element of Brazil's multi-ethnic society, involving cultural interactions and the law of childhood and youth with regard to the substitute family and children under social vulnerability. The topic chosen is important because it is still little debated, but its scope goes back to the state's interest in institutional care for indigenous children and adolescents in situations of risk and social vulnerability, as well as the various nuances and peculiarities of the indigenous community. Among the difficulties presented are cultural specificities and the protection of minors and the application of general legislation with due adaptation.  The methodological procedure used is applied research, based on a hypothetical-deductive investigation, with a qualitative approach, developed through a bibliographical, legislative and jurisprudential review, with the aim of proposing a formative evaluation. It can be concluded that the indigenous community has peculiar customs and traditions and in view of specific legislation, the participation of FUNAI and anthropologists in an action to remove family power is mandatory in order to reconcile the best measure for the child and the preservation of cultural identity.