The rights of indigenous peoples in brazilian amazon during covid-19 pandemic: National and internacional legal measures

Abstract

Objectives: Taking in consideration the impact of the Covid-19 pandemic on Brazilian law, the aim of this article is to analyze the legal measures adopted by the Brazilian State in order to safeguard indigenous peoples in Brazilian Amazon, focusing on the effective responses to indigenous demands, both internally and internationally, during 2020. Methodology: The research, carried out within the scope of international academic cooperation, is methodologically grounded in the study of law as a constitutional policy, in dialogue with the sociological analysis of Law, which considers the interactions between constitutional and international level, using the hypothetical-deductive method. The hypothesis states that: 1) in the internal sphere, there are problems of applicability and effectiveness of the new legal measures, triggering the judicialization of indigenous rights;and problems of legitimacy, related to the adequacy of these legal measures to indigenous way of life and their participation in its drafting and application;and, 2) at the international level, the multidimensional crises in line with the pandemic crisis reduced the possibility of improving international cooperation among Amazonian countries, including through existing international organizations, fostering a form of transnational cooperation by non-governmental actors. Results: As a result, the hypothesis remain confirmed, and it points also to another problem, concerning the “time-lapse” of the enacted measures. Contribution: The main contribution consists in highlighting the inadequacy dynamics of the legal measures adopted by Brazilian State aimed at safeguarding indigenous peoples in facing Covid-19 pandemic, both nationally and internationally. © 2021, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.