Atuação do Ministério Público Federal na tutela dos direitos e interesses das populações indígenas.

Abstract

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.