Os avanços e desafios na defesa dos direitos fundamentais dos povos indígenas no Brasil

Abstract

The main objective of this paper is to address the progress and challenges in defending the fundamental rights of indigenous peoples in Brazil, protected constitutionally and internationally by the United Nations (ONU) Global System for the Protection of Human Rights. The rights of indigenous peoples represent a very tenuous achievement in the course of Brazilian history. With the arrival of the colonizers on the American continent, much of what belonged to the native world of the indigenous peoples was modified and new standards were imposed by means of laws that most of the time ignored or belittled their culture, traditions and customs. The Federal Constitution of 1988 superseded the colonial paradigm of denial, recognizing the rights of indigenous people's identity, subjectivity, community, society, territoriality and self-determination. Since the colonization process, indigenous peoples have had to face challenges such as racism, indiscriminate invasions of their lands and ongoing violations of their fundamental rights. Brazilian society is still seeking social justice, coupled with respect in the sense of promoting the protection of the right to the land they traditionally occupy, their social organization, customs, languages, beliefs and traditions, and the global development model perpetuates the historical violence against indigenous peoples living in Brazilian territory, as the capitalist system directly affects traditional peoples and communities, to the extent that violations directly related to gender and race are particularly present in the denial of the human rights of these peoples and communities