Os direitos dos povos indígenas perante a corte interamericana de direitos humanos

Abstract

Indigenous peoples, over the centuries, from the arrival of the colonizers, fight for conservation of his territory, identity and culture, as a collectivity that interacts with the national society, but intends to perpetuate a different way of life. The Inter-American System for the Protection of Human Rights, created at the core of the Organization of American, develops an important work in the realization of human rights, particularly indigenous rights. It is intended, through this work, bring to debate the rights of indigenous peoples recognized both internationally and nationally of some nations, such as the Convention no. 169 of ILO and the Federal Constitution of 1988 of Brazil, analyzing how has been building indigenous rights in jurisprudence of the Inter-American Court of Human Rights and barriers that those rights are observed in the material plane. Therefore, begins with the history of the ISHR and a brief description of the processing in the Court. After, will be analysed human rights and the human right of access to justice, because this is a bridge to the others, and about the rights of indigenous people and indigenous communitys. Finally, in order to achieve the reality, will be assessed three representative cases in the ISHR on indigenous rights, describing its processing and the considerations of the Court. Will be used bibliographical research methodology, by consulting the cases processed in Court, books, articles, domestic legislation, international declarations and treaties.