O memorial constitucional e a questão indígena no Brasil
After a century of constitutionalism, the Brazilian State, from the Federal Constitution of 1988, recognizes the importance of indigenous culture, establishing in a specific chapter the guarantees and rights of indigenous peoples. It appears, historically, “forgetting” or contempt of the “civilizing...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277359 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 1, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 149-172 |
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| Summary: |
After a century of constitutionalism, the Brazilian State, from the Federal Constitution of 1988, recognizes the importance of indigenous culture, establishing in a specific chapter the guarantees and rights of indigenous peoples. It appears, historically, “forgetting” or contempt of the “civilizing” in relation to these people, who until 1988 had the constitutional recognition of the dignity of the descendants of the first inhabitants of the Brazilian territory. Thus, the aim of this article was to emphasize that, although the 1988 Constitution has gi-ven a considerable leap in the treatment of the subject, the State, pressured by economic and political interests remains fallen into acts that violate the norms of the Constitution as refers to indigenous peoples. To reach the conclusion used the lecture method, in order to expose the theoretical and constitutional structure, and descriptive, to indicate the social facts that indicate the violation (today) occurred related to the rights of indigenous peoples. Once collated the constitutional theory with current facts and were found violations of constitutional norms, after the recognition of indigenous dignity in 1988. The problem nowdays is not in recognizing the rights of indigenous peoples, but to make them social realities. Also it is concluded that such violations are driven by economic interests, mainly populated by the greed of the land by many indigenous peoples. |
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