Pluralismo jurídico e justiça comunitária do povo timorense: contribuindo para a justiça alternativa

Abstract

This paper aims to expose the reality of dispute resolution in East Timor. Recognition of the existence of use and costume in dispute resolution becomes the most used mean in East Timorese community, which shows that access to state justice in East Timor has relapsed greatly. The main objective of this paper is to understand the purpose of alternative law emancipation, which cause the state justice to lose ground in ensuring access to justice for its citizens. In doing so, it was discussed here the study of the phenomena of legal pluralism in order to understand if it is really compatible with the monist theory. This paper focused on resolving the land dispute resolution in the context of alternative law in East Timor. As a result, it has been found that the alternative means in said dispute resolution creates insecurity in the population that rely on it. The recognition of legal pluralism in East Timor require further studies, particularly concerning to effective monitoring of State in alternative means of justice, so that the constitutional precepts are guaranteed, especially the dignity of the human person.