DIREITOS FUNDAMENTAIS COLETIVOS DE POVOS INDÍGENAS E COMUNIDADES TRADICIONAIS/ COLLECTIVE FUNDAMENTAL RIGHTS OF INDIGENOUS PEOPLES AND TRADITIONAL COMMUNITIES

Abstract

Although the Constitution of 1988 expressly guarantees collective rights to indigenous peoples and traditional communities, there is a question whether these rights can be considered as fundamental rights. The article seeks to answer this question from the jurisprudential construction of collective human rights in the Inter-American Human Rights System and the philosophical foundation on the existence of such rights, relativizing their individualistic origin. These contributions, together with the opening of the constitutional catalog of fundamental rights, allow us to affirm the fundamentality of the collective rights of indigenous peoples and traditional communities and, consequently, to grant them the juridical guarantees of the immediate applicability and protection of the entrenchment clauses. Keywords: fundamental rights; collective rights; human rights; indigenous peoples; traditional communities.