THE PROTECTION OF THE FUNDAMENTAL RIGHTS OF INDIGENOUS PEOPLE IN ISOLATION; [A PROTEÇÃO DOS DIREITOS FUNDAMENTAIS DOS POVOS INDÍGENAS EM ISOLAMENTO]

Grados G.C.A. · Novos Estudos Juridicos (2023) · DOI: 10.14210/nej.v28n2.p311-336

Resumen

Contextualization: Nowadays, the notion of "indigenous peoples" should refer not only to a social conglomerate, but also to the political, legal, social, and academic struggles surrounding their legal protection. Identifying a group as indigenous goes beyond cultural isolation or potential extermination. Many social groups labeled as "indigenous" have not experienced cultural isolation, and some have never been in danger of being exterminated. Objective: To conduct a diagnosis of the situation of isolated indigenous populations on the Peru-Brazil border, which requires first determining the "legal situation" that could be applicable to these groups. This will involve examining certain cross-cutting subjects serving as the basic theoretical framework, including: i) Neoconstitutionalism and the Constitutional State; ii) Legal pluralism; and iii) Indigenous peoples in the Constitutional State. Methodology: This research uses the inductive method in the investigation phase, the Cartesian method in the data processing, and the inductive logical basis in the report of the results. Results: There is a wide range of claims originating from indigenous peoples. This multiplicity of claims leads to two possible outcomes: denial of the requests or recognition of the demands. In the latter case, victories won by indigenous groups need to be materialized in the formulation of enforceable and concrete rights in the applicable States.