ILO Convention 169 as a post-colonial tool for the resolution of socio-environmental conflicts

Abstract

Brazil's Indigenous peoples are at the center of intense disputes over the recognition of jusdiversity, internalized in the 1988 Constitution of the Federative Republic of Brazil, with new contours, different from the state monopoly. This article demonstrates the importance of recognizing the plurality that culturalized the Constitution, internalizing Articles 215 and 216, which provide for the right to culture, as well as the domestic law of Indigenous peoples. Alterity and jusdiversity are demonstrated within the context of the diversity of Indigenous peoples, problematizing the symmetrical compensation between ethnic groups and challenging the Judiciary. The post-colonial advancement of the Judiciary, in which Indigenous issues no longer depend on the state's approval, demands observance of principles that inform domestic law, granting recognition of Indigenous collective rights, under ILO Convention 169, as a building block of constitutionality, extending to other fundamental rights and guarantees.