Direitos humanos dos indígenas crianças: perspectivas para a construção da doutrina da proteção plural

Abstract

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.