Colonialidade e Direito: um estudo sobre a proteção jurídica dos povos tradicionais no Amazonas na perspectiva da Corte Interamericana de Direitos Humanos

Abstract

This dissertation offers a critical analysis of the legal protection afforded to traditional peoples and communities in Brazil, examining its articulation with the Inter-American Human Rights System. It begins from the premise that contemporary state practices remain shaped by colonial structures expressed in Eurocentrism, the coloniality of power, and the persistent invisibilization of these groups’ worldviews. The study demonstrates that, although the 1988 Constitution and international instruments such as ILO Convention No. 169 expanded the formal recognition of collective rights, their effectiveness remains limited due to territorial conflicts, institutional omissions, and economic pressures, particularly in the Amazonian context. At the international level, the research analyzes the development of International Human Rights Law and its incorporation into Brazilian law, identifying advances and contradictions within the domestic normative framework. The examination of the Inter-American Court’s jurisprudence highlights minimum standards concerning collective property, free, prior, and informed consultation and consent, a healthy environment, and cultural identity. Brazil’s condemnations reveal structural implementation deficits and recurrent violations. The dissertation concludes that strengthening the interaction between the Inter-American System and Brazilian law is essential for addressing historical asymmetries and consolidating a plural legal model committed to the integral protection of traditional peoples and communities.