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.

Judicial dialogue: challenges, instrumentalization and perspectives

Judicial dialogue is an important instrument for human rights protection. However, the distortion of judicial dialogue can also be instrumentalized to i) erode democracy, ii) strengthen authoritarian political projects, or iii) reduce domestic protection of human rights degree. Before and during the COVID 19 pandemic, there have been phenomena of abusive instrumentalization of the standards established by the Inter-American Court of Human Rights. The objective of this paper is to identify this phenomenon, characterize it, and report it. In addition, it is proposed to expand the channels of dialogue between the national and inter-American authorities. The objective is for citizens to be the protagonists of a dialogue on the best way to obtain the protection of their rights in contexts of deep social inequality.

Government and STF facing violations of the rights of vulnerable groups in the Brazilian pandemic scenario and the threat of crime against humanity

Inequality and difficulties in the enjoyment of rights that threaten vulnerable groups in Brazil have been amplified in the context of the pandemic. Such threats, however, do not stem from their “natural” condition of vulnerability, but from deliberate actions by the Brazilian government that, ignoring constitutional norms and recommendations from the OAS, UN, and IACHR, have been disproportionately aggravating the living conditions of these groups. In the context of COVID, the judicialization of politics and responses from the Supreme Court, distance from the traditional checks and balances and activism and come close to the necessary institutional reaction to extermination practices. The purpose of this paper is to evaluate, through examples, whether government actions and protective decisions of STF converge with international human rights protection documents and are apt to rule out the possible characterization of crimes against humanity.

Pandemic hypervulnerabilities: the protection of isolated and recently Contacted Indigenous Peoples

The paper aims to analyze the context of isolated and recently contacted indigenous people during the COVID-19 pandemic. The study is focused on the analysis of administrative and judicial practices of the Brazilian authorities, and the inter-American system, with bibliographic review support in light of the Ius Constitutionale Commune for Latin America (ICCAL). This group's protection and the challenges of obtaining prior and informed consent are a regional issue because Latin America has the largest number of isolated and recently contacted indigenous people in the world. They were submitted to an arbitrary prescription of chloroquine by the Brazilian government without due information, and their tribes lacked protection from people infected with the virus, confronting the IASHR parameters. Finally, regarding the vaccine, regional human rights standards were not observed for the protection of the human rights of isolated and recently contacted peoples.

Bringing business actors to the table: multi-dimensioned dialogues to face the Pandemics hazards on human rights

The private sector plays an imperative role in facing the challenges of the humanitarian crisis caused by the Covid-19 pandemic. It may present prompt answers in matters of inequality by resiliently keeping jobs and preserving salaries as well as driving the industry and research sectors to instant social needs. However, economic crises may drift corporations to a self-centered agenda that becomes threatening to human rights. This study proposes an opening of both the Inter-American organs and the private sector to dialogue in order to build, improve and legitimize common standards on human rights protection. Such proposal derives from the need for a multi-dimensioned dialogue to elaborate regional standards that foster business commitment to human rights. The importance of bringing the private sector to the human rights arena has already informed the Report on Business and Human Rights. This may boost a multi-dimensioned dialogue of great importance to face the pandemics hazards.