PUBLIC POLICIES FOR NATIVE PEOPLES IN BRAZIL: AN ANALYSIS OF THE ADVANCES AND CHALLENGES AFTER THE CONSTITUTION

Abstract

This article aims to examine the recognition of indigenous rights after the Federal Constitution of 1988, emphasizing the need to create and implement instruments that guarantee the fundamental rights of native peoples. In a first moment the historical character of the Brazilian indigenous community is evidenced, emphasizing essential aspects for the construction of history and, gradually, the defense of the reminiscences of the original peoples. In a second moment, the analysis is carried out based on the constitutional determinations about indigenous rights, developing the discussion about public policies for these peoples and the challenges for the effectiveness of these actions today, considering the debate regarding the thesis of the temporal landmark. It is understood that the constitutional text provided advances in the guarantee and protection of indigenous rights, but it is still important to create mechanisms that enable the effectiveness of these rights in order to reduce inequalities and conflicts arising from the restriction of the demarcation of territories. The research was conducted through a literature review, using bibliographic research to build the theoretical framework pertinent to the theme, considering the deductive approach.