STF AND THE PROTECTION OF INDIGENOUS PEOPLES IN BRAZIL UNDER THE PERSPECTIVE OF THE TRANSFORMATIVE CONSTITUTIONALISM

The COVID-19 pandemic has disproportionately impacted the human rights of indigenous peoples in Brazil. This minority suffers from immunological vulnerability to the virus, beyond their socio-cultural and political vulnerability, which combined with the government omission to their protection have led to a higher mortality rate. Therefore, requests for precautionary measures were submitted to the CIDH (IACHR) and before the Supreme Federal Court, seeking, among other actions, to prepare a national COVID-19 combating plan for Indigenous peoples. This case may be considered an example of structural litigation and a (one more) good opportunity for the STF to play a (new) transformative role in the judicial review of public policies. Thus, the objective of this paper is to discuss the perspective of a dialogical activism in overcoming the political and institutional blocks that have led to the violation of human rights of indigenous in the Brazilian pandemic scenario.