Acesso à justiça dos povos indígenas: análise da justiça tocantinense e das jurisprudências da Corte Interamericana de Direitos Humanos

Abstract

This dissertation has the scope to treat the indigenous human rights and their effectiveness from the analysis of the Tocantins' justice system and the jurisprudence of the Inter-American Court of Human Rights. This work is the result of the bibliographical researches that had as main focus the literature review on the fundamental human right of the indigenous peoples, as well as of the importance of an effective educational system related to this subject together with the legislative and jurisprudential analysis on the subject, besides of research carried out before the Federal University of Tocantins, the Tocantins' justice system and the international justice system. A deductive and dialectical method was used. Access to justice was studied in three spheres: educational; internal / regional justice system; and, international justice system. First, there was a study of access to justice, highlighting the effectiveness of these rights by these peoples, with the use of research done before the Federal University of Tocantins, to analyze the educational bias of the entry and completion of indigenous in higher education at this university. The study sought to study the regional justice system, with the analysis of data extracted from the Court of Justice of Tocantins, to search for the existence or nonexistence of these numbers, and to demonstrate the importance of statistical data on the subject of these minorities. Finally, a study was made of the jurisprudence of the Inter-American Court of Human Rights regarding access to justice for indigenous peoples. It concludes by demonstrating that it is necessary to create mechanisms for the realization of this fundamental right by indigenous peoples, proposing two measures to be carried out at a regional level that can contribute to the realization of this right.