THE RIGHTS OF INDIGENOUS PEOPLES FROM THE PERSPECTIVE OF THE FEDERAL CONSTITUTION AND HUMAN RIGHTS

Abstract

This paper analyzes the legal protection of indigenous peoples in Brazil based on the dialogue between the 1988 Federal Constitution and international human rights instruments. Through bibliographic and documentary research, using a qualitative approach and a legal-dogmatic method, it examines the historical evolution of the legal recognition of indigenous peoples, the applicable human rights principles, the constitutional framework established in Articles 231 and 232, the jurisprudence of the Supreme Federal Court (especially the Raposa Serra do Sol case and the "marco temporal" time-frame thesis), and international treaties such as ILO Convention 169 and the UN Declaration on the Rights of Indigenous Peoples. The results indicate that, although an advanced and theoretically coherent regulatory system exists, its effectiveness is compromised by institutional, hermeneutic, and political-cultural challenges. It concludes that the effective protection of indigenous peoples depends less on the enactment of new laws and more on overcoming these structural obstacles, with emphasis on controlling administrative delays and strengthening litigation before the Inter-American system.