A efetivação do Direito Indígena, um desafio para a pós-modernidade: Amazonas e Brasil

Abstract

The Right of Indigenous Peoples is a classic discipline that has been denigrated by colonial domination to impose Indigenous Law, which is tied to the power of violence of the State. To this de-characterization of the Right of the Indigenous Peoples corresponds the imposition of a new legal status, in the condition of inferior subjects, which began to regulate the colonial legal culture and reaches the national society with similar foundations. The contemporary culture of the imposition of Indigenous Law leaves no room for the recognition of the human rights of indigenous groups beyond tutelage. This paper intends to discuss the contradiction of the doctrine and social regulation of Law. How to face scientifically this theme of such importance for society?