REPORT AND THE KAINGANG GROUPS OF SOUTHERN BRAZIL: ADMINISTRATIVE WARDSHIP AS A DUAL LEVEL OF LEGALITY

Abstract

 The history of indigenous peoples in Brazil is marked by genocide, slavery, violence and territorial dispossession – a reality that dates back to the colonial period, persisted through the Empire, and saw little change with the proclamation of the Republic or even the establishment of the Indian Protection Service (SPI). This paper analyzes the role of the now-defunct SPI in the subjugation of Brazil’s Indigenous peoples, drawing on evidence brought to light by the “Figueiredo Report”. Though “missing” for decades, the report was publicized in 2012 after being rediscovered at the Museum of the Indian. Focusing specifically on the Kaingang groups, this study aims to demonstrate that the administrative wardship imposed on these peoples functioned as a disciplinary and punitive regime. This system operated as a secondary level of legality, related to exceptional criminal legislation, and was instrumentalized for the domination and extermination – not only cultural but often physical – of these groups.