This thesis analyzes the relationship between the constitutional rights of Brazilian indigenous peoples and the enforcement of these rights in court, focusing on the guarantee of access to justice and the recognition of cultural diversity. Set in contemporary times, the research highlights the need for a fairer and more inclusive justice system for all citizens, ensuring that the rights of indigenous peoples are effectively protected and respected, especially in child custody cases in the Comarca of Miracema do Tocantins, involving indigenous children and adolescents of the Akwẽ-Xerente people. The main objective is to verify whether judges consider the ethnic and cultural specificities of the Akwẽ-Xerente in their judicial decisions. Using a methodological approach that combines theoretical review and case analysis, the thesis examines the relationship between the recognition of cultural and territorial rights of indigenous peoples and the guarantee of access to justice. The study reviews the perspective of indigenous peoples on the rights granted by the Constitution, the legal protection of these rights in Brazil, the cultural values, the sociopolitical organization, and the legal norms of the Akwẽ-Xerente, as well as the statements of procedural actors in child custody cases. The research results indicate that, although the 1988 Federal Constitution represented a significant advance in recognizing the rights of indigenous peoples, the enforcement of these rights faces obstacles, particularly due to the prevalence of a prejudiced and discriminatory view in the justice system. They also indicate that the Public Prosecutor s Office primarily acts in the defense of the rights of indigenous peoples, as the guardian of legality and human rights, the multidisciplinary team contributes to a broader and deeper understanding of the cultural and social issues involved, assisting the judge in making fairer and more appropriate decisions, and Funai provides technical and legal support, although its performance proves to be inconsistent. The analysis of the judicial decisions from the Family, Probate, Childhood, and Youth Court of Miracema/TO reveals that judges often consider the reports of the multidisciplinary team, respecting the cultural traditions of the Akwẽ-Xerente, yet prioritize the official legal framework over the norms of this people. These results demonstrate the need for various measures to overcome the obstacles to justice access for the Akwẽ-Xerente, including the need for continuous training of judges and other legal professionals about the culture and rights of indigenous peoples, the inclusion of pluralistic elements in the justice system, the participation of translators in the multidisciplinary team, and the strengthening of Funai s role. Furthermore, it recommends the creation of prior consultation mechanisms with indigenous peoples in judicial processes involving them and the implementation of public policies that promote social inclusion and respect for cultural diversity. In summary, the research contributes to a deeper understanding of the importance of recognizing ethnocultural specificities and respecting indigenous cultures to guarantee effective access to justice for these peoples and reinforces the need for a justice system that is truly fair and inclusive.