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Accepted Paper:

The dialogue between law and anthropology in legal procedures  
Maria Clara Calheiros Carvalho (University of Minho)Alexandre Lippel (Universidade do Minho)

Paper short abstract:

Science's contribution to the discovery of truth in judicial procedures has become increasingly relevant. However, this presents some challenges to legal practitioners. The authors will seek to expose the difficulties of dialogue between law and anthropology, within judicial procedures.

Paper long abstract:

Science's contribution to the discovery of truth in judicial procedures has become increasingly relevant. However, this contribution presents some challenges to legal practitioners. This is the case of social sciences. In this paper, the authors will seek to expose the difficulties of dialogue between law and anthropology, within judicial procedures.

In Brazil, the constitutional acknowledgement of the indigenous social organization and the essentiality of the land for the physical and cultural survival of indigenous people, has turned anthropological studies into central evidentiary elements in the context of administrative and judicial procedures, especially those involving demarcations of indigenous lands. Thus, rigor in the control of methodological and ethical aspects of these studies is vital. Moreover, courts must be able to evaluate the expert evidence in order to establish the truth about legally relevant facts.

Panel P156
Law and Culture in Court