A aplicabilidade dos direitos e garantias fundamentais acerca dos povos indígenas do Brasil

Abstract

This article focuses on fundamental rights and guarantees, exposing their application to indigenous peoples in Brazil. The study in question provides a detailed analysis of the aspects and ineptitudes of the rules contained in Title II of the Federal Constitution, which should protect this important portion of the population. Starting by exploring the historical context that allowed the recognition of the indigenous people as individuals with rights, highlighting the milestones and struggles that culminated in this achievement. The article then moves on to a new topic that discusses the concrete application of fundamental rights and guarantees to indigenous peoples. In this section, a critical assessment will be made of how these constitutional norms were effectively applied and the challenges that indigenous
communities still face in maintaining and guaranteeing their rights. Finally, the article mentions the Indian Statute and the National Indian Foundation (FUNAI), showing how these entities have social and political relevance in defending indigenous rights and argues in favor of the need to strengthen public policies that can guarantee the application and the effective development of these guarantees.