A inefetividade dos direitos fundamentais em relação aos povos indígenas: um olhar a partir do contexto sul-mato-grossense

• Autor(a) principal: Stefanini, Marília Rulli
• Data de Publicação: 2021
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/24020
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Inefetividade dos direitos fundamentais; Indígenas - Direitos fundamentais; Índios da América do Sul - Brasil - Estatuto legal, leis, etc; Comissão Permanente de Assuntos Indígenas; Ineffectiveness of fundamental rights; Indians - Civil rights; Indians of South America - Brazil - Legal status, laws, etc.

The problem of this thesis was based on the approach regarding the ineffectiveness of fundamental rights in relation to indigenous peoples located in the State of Mato Grosso do Sul. In fact, the issue of fundamental rights must be recognized, in a decolonizing way, at the international level, for it to be carried out according to the culture of the peoples. That being so, the justification was based on the recognition of the “other” due to anthropological data, from which the right to self-determination is based on the establishment of social, cultural, political and economic status. Therefore, it is necessary to conceive the indigenous peoples from intercultural dialogues, in order to minimize the atrocities perpetrated by a westernized culture. This time, one of the main objectives of the thesis was the recognition of indigenous people through direct participation in the State, since only holders of differentiated cultures have the legitimacy to understand the effectiveness of rights in a positive and practical plan. As all the research revolved around the State of Mato Grosso do Sul, one of the possible hypotheses for the effectiveness of the fundamental rights of these peoples was adjusted to participation with the Legislative. However, due to the fact that indigenous people are not elected as State Deputies, the alternative found was built on participation as members of the “Permanent Commissions on Indigenous Affairs”. Those commissions are species of bodies constituted by the regulations of the Legislative Houses for issuing a technical opinion on the proposals and draft laws in advance. Consequently, the primary objective of a Permanent State Commission, assisted by indigenous people, lies in the formation of a supraparty group that acts to guarantee the main indigenous demands, avoiding an ethnocidal setback. In the State of Mato Grosso do Sul, this commission is dedicated to ‘Agrarian Development, Indigenous Affairs and Quilombolas’, which is contradictory. Still, according to the current Federal Constitution and the State Constitution of Mato Grosso do Sul, the positions in permanent commissions can only be occupied by elected deputies, so we suggest the creation of positions in the Advisory Committee, composed of indigenous leaders from the State of Mato Grosso do Sul (Chamacocos, Guarani-Kaiowá, Guatós, Kadiwéus, Kambas, Kinikinaus, Ofaiés and Terenas), so that there is direct representation in the State Parliament in defense of rights that can only be recognized and carried out by those who hold the culture of the beneficiary. For this, we use the bibliographic and documentary methodology of a descriptive, analytical and reflective nature, as well as the deductive and historical method. Finally, it is worth mentioning that the scientific contribution of this study is based on the development of a worldview regarding tangential indigenous issues in the State of Mato Grosso do Sul, from which we highlight the existing marginalizations and propose their minimization through direct participation in the State Legislative House as a form of autonomy, exercise of Democracy and recognition of the subject based on their peculiarities regarding cultures and ways of life