Os povos indígenas como refugiados no Brasil: Aspectos jurídicos do caso Warao

Abstract

The legal aspects related to the rights of the indigenous refugee peoples in Brazil, especially the Warao indigenous people, as a new category of vulnerability, exposes the indispensability of the debate on the system of legal protection of their rights. The first two chapters bring the main legal instruments, both internationally and nationally, related to refugees and indigenous peoples, respectively, demonstrating their importance and the general context of protection that they are inserted. The third chapter aims to present the main characteristics of the Warao people, the importance of the intersectional analysis of rights, the main rights to be observed, the proposition of solutions and recommendations to the problem presented here. The core objective of the work is to analyze and address the main rights provided to the indigenous refugee peoples, from the legal instruments pointed out, linked to the two vulnerabilities, to establish specific guidelines for the legal treatment of the indigenous refugee peoples. It is therefore proposed, through an intersectional analysis, to understand the basic rights to be guaranteed, and to propose, in the end, solutions and recommendations in order to guarantee these rights even more effectively. In this context, using the hypothetical-deductive method and based on the examination of the main legal instruments envisaged, doctrinal positions and historical factors, it is demonstrated that the absence of predisposition and certain inertia, both of the public authorities and of the operators of the Law, in analyzing the factual and legal context of the Warao peoples, especially by symbolizing a new category of vulnerability. Therefore, it is necessary to make a change in the approach of these actors in the treatment of application and observation of the rights related to the indigenous refugee peoples, seeking to address the consequences already presented by their vulnerability characteristics.