A questão territorial indígena sob a perspectiva da teoria crítica dos direitos humanos no Brasil

Abstract

This article aims to analyze the long history of invisibility and violation of the rights of indigenous communities in Brazil, from the colonial period to the present day. Despite regulatory advancements, particularly with the 1988 Federal Constitution, which recognized the rights of indigenous communities to the lands they traditionally occupy, illegal exploitation of indigenous lands persists, causing environmental destruction and impacting the lives of these native communities. Analyzing the critical theory of human rights proposed by David Sanchez Rubio offers a perspective that goes beyond normative achievements, seeking to overcome the positivist approach and confront the colonizing discourse. The decoloniality approach, inspired by thinkers like Aníbal Quijano and Walter D. Mignolo, suggests deconstructing the patterns imposed by the capitalist system and promoting dialogue as a path to a more promising and respectful future for indigenous communities, whose rights continue to be systematically violated. This study highlights the urgent need for a fair and inclusive approach through changes in everyday practices, with the aim of ensuring the recognition of the cultures and rights of Brazilian indigenous communities