A atuação do Sistema de Justiça na efetivação do direito fundamental à saúde das populações indígenas tocantinenses

Abstract

The present study sought to analyze the effectiveness of the performance of the Justice System of the State of Tocantins in relation to the protection of the health of indigenous populations, from the period of 2012 to 2017. The approach was based on the cases considered within the scope of the Judiciary Section of the State of Tocantins and the Office of the Attorney General of the Republic with headquarters in the capital. From a qualitative and historical-critical methodological approach, the evolution of the rights granted to indigenous peoples in the Brazilian juridical order, especially in the constitutional scope, from the period of the Empire until the promulgation of the 1988 Federal Constitution, an important landmark in the recognition various fundamental rights of the Indians. The work of the Jesuit missionaries, who were so present from the colonial period until the proclamation of the Republic, was of great relevance to the settlement of Brazil and also to establish contact with the native peoples, although the search by the religious for the catechization of the Indians has generated great conflicts over those who were considered hostile, who refused to be evangelized. They arose, due to the resistance of some indigenous populations to adhere to the civilizational process imposed by the colonizers, the so-called just wars that decimated thousands of Indians in the national territory. Also of great importance was the participation of Cândido Rondon in the process of interaction with indigenous populations when building telegraph lines in the extreme west of Brazil, since he preached non-violence, in opposition to existing practices, has even been a strong advocate for the creation of a specific body for the protection of indigenous issues. In this sense, based on their ideas, the Indian Protection Service was created, which in the 1970s gave way to the National Indian Foundation. Specifically in relation to public policies aimed at indigenous health, the creation of a specific Health Subsystem for the Indians in 1999 was a great step forward, but it has not yet been able to meet all the needs of these peoples, who often need to seek the Ministry To guarantee the observance of basic rights. Analyzing the concrete cases judged extrajudicially by the Federal Public Prosecutor and judicially by the Federal Court, it was verified that, in a general way, the Justice System has been effective and rapid in regard to the protection of the health of the Tocantins' and most situations are resolved without the need to file lawsuits. However, although an effort has been made by the organs of the Justice System to provide an effective response in a short period of time to these cases, there are still some forms of improvement that can be implemented, which were suggested at the end of this research.