Navegando por Assunto "Direitos indígenas"

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Associação Indígena Tembé de Santa Maria do Pará (AITESAMPA): um relato sobre a luta por direitos étnicos
(Universidade Federal do Pará, 2011) FERNANDES, Edimar Antonio; SILVA, Almir Vital da; BELTRÃO, Jane Felipe
To protect the Federal Constitution with regard to the rights of indigenous peoples is a task of a great level of difficulty. Non-governmental organizations such as the associations created to develop projects in promotion of ethnic rights and the understanding of ethnic identity represent indigenous peoples interests in both internal and external negotiations as means to build autonomy and self determination. An example of such political action is the Indigenous Association of Tembé People from Santa Maria do Pará (AITESAMPA) as they have their land located within Pará State territory. AITESAMPA fights for the identity rights and survival needs of the Tembé people who were expelled from their original land in the Nineteenth Century and forced to walk about until finally relocated in Santa Maria municipality in Pará State territory. This study is dedicated to analyze the action of the Association from the perspective of social and ethnic initiatives which allow for the consolidation of the Tembé identity. It also analyzes strategies and topics originated in projects conceived with the purpose to protect Indigenous rights. The Association aims at establishing dialogue with Brazilian State and non-indigenous society who deny their rights and do not accept them. This Tembé group is not recognized within the ethnological literature which is mostly dedicated to the Tembé who are located at the Upper Guamá River. The investigation is developed from indigenous narratives and by following social movement. Authors are involved and have an implicated view as two are members of the Indigenous group and non-indigenous member has been summoned to aid them in their endeavour.
Acesso aberto (Open Access)
Da indiferença abissal à ecologia dos saberes: os caminhos pós-coloniais para (re) afirmação dos direitos das sociedades indígenas
(Universidade Federal do Pará, 2015-10-01) SOUZA, Paulo Henrique Salmazo de; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260
The development of instruments for protection of rights of indigenous peoples is the result of a long historical trial and error process aiming to recognize the rights of minorities and indigenous populations. However, these instruments represent the abyssal prevailing thinking, which do not achieve success in safeguarding the rights of these peoples. Thisabyssal thinking consists in the Western modernity establishing parameters based on liberal values that validate what is considered science and law. Therefore, the abyssal cartographic lines that were created during the colonial period are represented by an epistemological and legal cartography, which are characterized by absence and exclusion. Therefore, this study is justified by the importance that the issue requires at this historic moment of questioning the universality of human rights and contemporary constitutionalism, which proposes to safeguard the rights of multicultural societies. The objective of this research was to assess how the postcolonial thoughtson human rights can respond to an effective protection of the indigenous societies rights. Therefore, a literature review, theoretical study was performed in order to achieve the proposed objective. The inductive method was used, since this method is suitable to the research proposal and to achieve the logic base of the investigation. In order to enable anunderstanding supportedby the knowledge multiplicity, an exploratory and comparative analysis of ideas, identifying the main thoughts on the subject, anda concept and possibility descriptive method that describes the applicable hermeneutical techniqueswas used. The hermeneutic method, essential for the analysis of the proposed issue, was used because the sociological nature of this work and the need to apprehend the meaning of ideas from the objective or subjective historical reconstruction of the concepts.The results of this assessment indicate that international instruments of protection of indigenous people rights do not succeed in effectively protect the rights of these peoples,since they are based on Eurocentric values. The essential conditions observed for achieving multicultural rights are the deconstruction of particularism of universal human rights and the adoption of an intercultural perspective of human rights following the Ecology of Knowledge proposed by Boaventura de Sousa Santos. The new Latin American Constitutionalism, presented as an epistemology of the South, through a break with the paradigms of Western modernity and the establishment of a new legal and politic rationality may be a viable alternative to the (re)affirmation of the rights of indigenous societies.
Acesso aberto (Open Access)
De direito indigenista a direitos indígenas: desdobramento da arte do enfrentamento
(Universidade Federal do Pará, 2009) MACHADO, Almires Martins; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This paper addresses the right Guarani, with its principles, nuances in conversation and subsumption of community issues. How to resolve conflicts in various fields of law, in a society Guarani. Discusses the importance that traditional religion has for the native law, which stems from the holistic mind. Discusses the principles of law Guarani: solidarity, reciprocity and prevalence of the collective interest of the individual. While dealing with indigenous law, the focus is on the right to hold property Guarani. The value is the theoretical framework of legal pluralism, to sustain it as a legal system, although thought and legislated differently than national law. In the end, enters on the adverse outcomes of external intervention, without due care anthropological necessary to such actions, departing in this case who is in charge of defending the legal right and interest indigenous. Explains the difficulty that has to work with right of indigenous peoples, to the limited literature that deals with it and because each indigenous people has its own ways of thinking and applying the law.
Acesso aberto (Open Access)
Direitos humanos dos indígenas crianças: perspectivas para a construção da doutrina da proteção plural
(Universidade Federal do Pará, 2012) OLIVEIRA, Assis da Costa; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
This study discusses the possibilities of inclusion the indigenous children in the juridical field of Human Rights. From the criticism of the way in which the childhood is constituted in the West and the perception of different conditions of social construction of the person, body and childhood among indigenous peoples, it produces indicative of problematization of the agenda of intercultural human rights in order to signal the relevance of the category person as the functional equivalent in intercultural dialogue to support of axiological inversion of indigenous children for children indigenous and possible repercussions of their rights. Afterwards, analysis of the political philosophies that ground the administration and the rights of children, with special highlight to the questioning of the limits of the Doctrine of Integral Protection regarding the treatment of cultural diversity, and propose complementary political philosophy called Doctrine of Plural Protection, founded on the principle of self-determination of the indigenous peoples and the values of equality, difference and protagonism. Discuss the trajectory of insertion of the debate about indigenous children in the Child and Adolescent Statutes (Law No. 8.069/1990), with specific considerations for Draft Bill No 295/2009, which seek to reflect on critical themes little discussed in the perspective of indigenous peoples and expansion necessary for children from the traditional peoples and communities.
Acesso aberto (Open Access)
“Tem que mover uma ação”: mobilização, participação e resistência indígena no processo de licenciamento ambiental da usina hidrelétrica Belo Monte
(Universidade Federal do Pará, 2021-02-22) SOUZA, Estella Libardi de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; https://orcid.org/0000-0003-2113-043X
In this thesis, I analyze the mobilization, participation and resistance of the indigenous peoples of the Middle Xingu in the course of the implantation process of the Belo Monte Hydroelectric Plant (HPP), located on the Xingu River, in the municipalities of Altamira, Vitória do Xingu and Brasil Novo, in the state of Pará. I discuss the political action and the resistance of the indigenous peoples to the actions for the implantation of the plant, with the purpose of understanding: how do indigenous peoples act and react in the face of damages and losses to their territories and ways of life, caused by the implantation of Belo Monte HPP? How do they act to deal with violations and violence? What rights are enunciated and claimed in your political struggle? For the development of the thesis, I used qualitative research methods, such as participant observation and interviews, through fieldwork in Altamira/PA, Brasília/DF and in indigenous lands, between July 2015 and February 2017. In the first chapter, I address the historical trajectories of the indigenous peoples of the Middle Xingu, in an attempt to understand the specificities of the different social and historical situations experienced by them. In the second chapter, I examine the political and legal context in which the hydroelectric project on the Xingu River, which gave rise to the Belo Monte HPP, was created, and explore the project's chronology and history. In the third chapter, I discuss the implementation of the Belo Monte HPP, focusing on the environmental licensing of the project and the (im) possibility of participation of indigenous peoples, having as main sources the documents of the process of the indigenous component of environmental licensing, which is being processed at Funai, and that build a state narrative about the implantation of the hydroelectric plant. Finally, in the last chapter, using the narratives of Juruna/Yudjá and Arara people from Volta Grande do Xingu as main sources, I analyze the mobilization and strategies of struggle and resistance of indigenous peoples in the course of the environmental licensing process of the project, whether to do recognize the losses suffered, to “negotiate” with the Brazilian State and Norte Energia the mitigation and compensation measures for impacts, to pressure for the implementation of other measures established as conditions for environmental licenses or to demand actions that guarantee the improvement of their conditions of life, even if not provided for in environmental licenses.
Acesso aberto (Open Access)
Terras tradicionalmente ocupadas por índios: fundamentos para uma aplicação limitada da Súmula 650 do STF
(Universidade Federal do Pará, 2007) SILVA, Maria Eliza Nogueira da; COSTA, Paulo Sérgio Weyl Albuquerque
The pluralism is a mark of the contemporary democracy and the Constitution of 1988 represented an important progress in the protection of the diversities in Brazil, consecrating the multiplicity of ideas, cultures and ethnic groups, and presupposing the dialogue between opinions and divergent thoughts. In this context, the indigenous people acquired the right of have its culture recognized, in other words, their ethnic-cultural specificities were respected, guaranteeing them the right to be and to remain as Indians. The delimitation and the protection of an appropriate territorial space for the different indigenous people are considered as an essential condition for the physical and cultural survival of those groups. The present work intends, then, to analyze the interpretation adopted by Federal Supreme Court of Brazil (Supremo Tribunal Federal - STF) in a document named Súmula 650, concerning the term "Native Lands" (Federal Constitutions of Brazil/1988 art. 231, §§ 1st and 2nd), in way to understand its reach and application limits. For this, initially, the itinerary of the concept was rebuilt on STF, analyzing the decisions concerning this subject. The initial landmark of this discussion is the document named Súmula 480 and his precedents, and the end is the Súmula 650, including the analysis of the cases that it conformed. As a result, was verified, that in the decisions before Súmula 650, the Court moved away from the civil concept of possession to contemplate a concept of native possession, in which the present time can be secondary, faced with evidences that attest the traditional occupation. From the precedents analysis of the Súmula 650, was verified that the judgment involved a specific historical context, in which the native people were extinct. On the other hand, generalizing arguments has been used and if they are indiscriminately applied they are supposed to cause serious damages to the native territorial rights, especially related to the restitution of traditional lands. From the results, it is possible to conclude that the Title of the Súmula 650 cannot be applied in generalized way, it must be presented as ground for an application limited to the facts related and historicity of the concrete case; the Convention 169 of the OIT and orientation of the “Agenda 21”; and the other interpretations from STF about the term "Native Lands".