Direitos humanos em Francisco de Vitória: uma análise da proteção dos povos indígenas no sistema interamericano

Abstract

This work aims at the study of International Law in the light of Francisco de Vitoria, in order to understand how it’s initial notions help in understanding the right of Indigenous Peoples. Therefore, the theses of Vitoria and, posteriorly, the national and international positive legislative understanding regarding the Indigenous People will be analyzed. The study of the International Protection of the Indigenous Peoples in the approach of the Inter-American System will be carried out, with the observance of the petition sent to the Inter-American Commission regarding the case Raposa Serra do Sol Indigenous Peoples Vs. Brazil and the judgment of the Inter-American Court on the case Xucuru Indigenous Peoples Vs. Brazil. In light of these considerations, it will be examined how the cited cases may be precedent for a new right that is the Protection of Guarani-Kaiowá Indigenous Peoples, residents in the state of Mato Grosso do Sul. It will be verified that Brazil has a scenario of legal instability as regards the guarantee of the rights of indigenous peoples; that the Inter-American System is an important aid instrument in the absence of advocacy in the intranational sphere; that even Brazil, having ratified the American Convention on Human Rights, disregards it; and that if there was an efficient conventionality control mechanism, the national system would be able to secure the inherent rights of indigenous peoples.The importance of this work is in the necessity of having a better understanding of the Indigenous Peoples rights in the brazilian scenario with the objective of drawing up alternatives to mitigate the violations endured by the indigenous communities, preserve their existence and return to the ideas established in Vitoria in the search for the realization and valorization of Human Rights.