A efetivação dos direitos indígenas no Brasil sob a ótica da justiça ambiental

Abstract

The 1988 Brazilian Constitution represents a turning point in the shift of understanding concerning indigenous rights, due to the abolishment of the integrationist character seen in the previous norms and to the recognition of cultural diversity of these peoples. The new constitutional framework ensured land demarcation and respect over indigenous social organization, customs, traditions, in short, their specificities as distinct communities. However, it constitutes a constant challenge to envision a practical realization of these constitutional guarantees. This reality is aggravated by the environmental injustice affecting great part of the indigenous peoples. Therefore, this work deals with indigenous rights in Brazil through the look of the Environmental Justice, in order to investigate its contribution to the Indigenous Movement struggle for the fulfillment of those rights. To achieve that, this work departs from the current indigenous rights configuration as determined by the 1988 Federal Constitution. Following, it explains the urgency of Socio-environmentalism in Brazil for contextualizing, in this line of thinking, Environmental Justice. At last, it concludes the essential aspect of the access to environmental justice, based on the right to a dignified life in a healthy environment, for the accomplishment of indigenous rights.