Direitos indígenas em julgamento: judicialização no supremo tribunal federal e suas implicações na tutela dos direitos indígenas no período pós-constituinte de 1988

Abstract

This work focuses on an analysis of the position of the brazilian Supreme Court, as an integral force of Three Powers, which constitute the Federative Republic of Brazil, and, similarly, as the maximum representative of the Judiciary in the Brazilian legal system, in the face of the protection of the rights of indigenous people, still governed under the aspect of state domain established by the Statue of the Indigenous (1973), through the investigation of its performance through the concentrated control of constitutionality on the matter in cases brought to trial bthe Court. From this perspective, the research intends to present whether the court’s position is in accordance with the ethnopolitics of indigenous people, in this sense, bringing the country closer to being classified as plurinationalist, or reaffirms and endorses the posture of a ‘guarding’ State of this group, elucidating, for this, the process of internal consolidation, contextualizing with the historical scenario.