Política indigenista, proteção jurídica e globalização

Abstract

The Dissertation has as objetive studies the indigenist politics, wasthe prism of the juridical protection, in this current process ofa global world, focusing the situation otthe indians societies in Brazil, analysing the legislation, from the discovery up to the present days. The exegesis of the legal textsshowsthat the christianization of the primitive inhabitants has been the method used by the Portuguese Crown to promote the colonization of the new lands. This process continued during the Empire, grew stronger during the second half of the nineteenth century the Republican period of the Brazilian State. The legislation on the protection of the indian peoples, although copious, was not properly applied. Likewise, the jesuits'participation and the positivists thinking did not prevent the genocide against these societies. Deprived of their lands of resources existing in their lands, despite the constitucional precept, the indian groups have had na increasing reaction either by means of pacific resistance or by violent means. The real alternative for them, and to which this wirk int intends to act as na instrument, is the use of the judicial mechanisms available, in or out of the Court, as away to make the State recognize their rigths to the usufruct of their riches, as well as the rigth to be regarded as differentiated nations, apart from the national society.