Direito internacional sobre os povos indígenas: o povo Avá-Guarani e o caso de Itaipu

Abstract

The aim of this monography was to analyze the application of International Law on Indigenous Peoples by the Brazilian state. In order to do this, a historical recovery was made of the documents developed on the subject since the beginning of the 20th century, extending to the conventions and declarations that govern International Law today. After this, the research focused on the application of International Law on Indigenous Peoples in the Brazilian context, based on the internalization of norms by Brazilian institutional and legal apparatuses. In addition, the case of the Brazilian government's Itaipu hydroelectric plant project in the territory of the Avá-Guarani people was analyzed. As a result, it was possible to indicate to the violation of fundamental premises of the International Law of Indigenous Peoples by the Brazilian state, elucidating its low commitment to defending the Indigenous Law established in the International System. The question that guided the analysis presented here was: how is International Law on Indigenous Peoples applied by and in Brazil? To answer this question, the main documents relating to the International Law of Indigenous Peoples developed by three important international organizations were analyzed: the UN, the ILO and the OAS. This was followed by an analysis of the application of the International Law of Indigenous Peoples within Brazil's institutional and legal dynamics, to finally present a study of the case of the Avá-Guarani and Itaipu based on bibliographical and documental analysis. With this, it was possible to establish the panorama of Indigenous Law within the Brazilian context and how the state disrespected the norms established from an international perspective in the case analyzed