O direito internacional do reconhecimento e a política indigenista do governo Bolsonaro

Abstract

This study aims, through bibliographical and documentary research, to empirically analyze the governmental conjuncture of the government of Jair Messias Bolsonaro (2019-2022) with regard to its indigenist policy, and to identify the normative acts that institutionalize this policy in order to verify to what extent it contrasts with the international law of recognition (ILR). In this way, within the national socio-political context, from the point of view of a specific minority, we can see how this right acts between the lines in the process of building a fairer society, but also how the lack of its action culminates in violence and setbacks in this same society, finally understanding the role of the ILR at national level, especially for indigenous peoples. Therefore, the hypothesis is based on the Bolsonaro government's indigenist policy as the cause of the setback to the struggle of indigenous peoples in Brazil and to national institutional mobilization and the international law to recognition. In relation to the ILR and indigenous peoples, the paper argues that the ILR is inherent to indigenous peoples, as it has the struggle of minorities as its central foundation. With regard to the ILR and the Brazilian state, the paper shows that national indigenist policies were structured on the basis of international indigenist policies, so the ratified normative instruments are the basis for the internal construction of indigenist policies for governments. With regard to the ILR and the Bolsonaro government, the paper argues that actions relating to indigenist policy not only contrast with but also transgress the principles of the ILR, violating numerous constitutional rights and causing international retaliation. Despite the advances in indigenous policy on both the international and domestic stage, liberation from colonial chains only occurs when the leaders of colonized states are also freed from these - invalid - old concepts of international law, so that they are no longer woods captain.