SILVA, L. A. A.; http://lattes.cnpq.br/5880534503760619; SILVA, Luzialdo Alves Alexandre da.
Résumé:
This study aims to evaluate the performance of the federal prosecutors in the protection of
indigenous rights under the aegis of the Federal Constitution of 1988. The relevance of the
theme underlies the seizure of the importance that Aboriginal people have the historical
evolution of Brazil, whose historical and cultural development was greatly influenced such
people, even before the arrival of the Portuguese in 1500. It is intended to examine this
approach sociojurídica the constitutional legislation which, somehow, has provisions about
the Indians, from mid-1500 until the year 2012, as well as analyze the presence of indigenous
rights in the Brazilian Federal Constitutions, since the first in 1824, until which still governs
the Brazilian State, 1988. Regarding the latter, it is noticed that was quite innovative with
regard to the indigenous cause, and, therefore, there is need for further discussion, including
on the effectiveness of these constitutional provisions. Another important aspect is that the
rights of indigenous peoples can be viewed from two aspects, sometimes as human rights, and
sometimes as fundamental rights, whenever present in international instruments, or in the
Federal Constitution, respectively. Already regarding the division of powers, pertaining to
indigenous causes, among federal and state prosecutors, is latent lack of study on the subject,
however, the goal is to, from systematic interpretation of the Constitution, to deepen this
discussion . In this vein, the altercation that rises is about the role of federal prosecutors,
constitutionally legitimized, in the protection of indigenous rights and interests, which,
despite the availability of various means - legal or extralegal, still faces several problems that
hinder proper effectiveness of such rights. For the study under discussion, we use the search
method called deductive reasoning, the method of historical procedure, and the method
monographic and, finally, the method functionalist. In what concerns the technical research is
founded on the work, at first, the indirect documentation, especially in literature, and then the
indirect documentation is used. After the various aspects that this work is concluded by the
relevant role that federal prosecutors have the indigenous cause, however, great strides are
still needed to perfect fulfillment of the constitutional dictates recommended.