OLIGARCHIC STATE AND DENIAL OF RIGHTS OF ORIGINAL PEOPLES IN BRAZIL

Abstract

The present work deals with the oligarchizing of political power in the National Congress and its relationship with the implementation of the right to difference for Brazilian native peoples. From the basic characterization of an oligarchy, and the verification of the possibility of, concretely, meeting in the National Congress, it is intended to investigate if the right to difference, resulting from the overcoming of the assimilationist paradigm of the native peoples to the hegemonic culture, of European matrix, has found effective application in the national reality. The article is divided into two parts. The first is intended for the technical verification of the characteristics of an oligarchic group, so that the concept is not merely used as a form of disqualification. From there, and confirming the possibility of its concrete existence in legislative houses, and its occurrence in practice, three pre-constituent processes are analyzed that would serve as indications for the maintenance of the concentration of political power and the almost omnipresence of conservative forces as impediments of social participation in decision-making about the direction of the State (Amnesty Law, Diretas Já and formation of the National Constituent Assembly), in addition to the possibility of unlimited reelections for positions in the Legislative Power as an indication in the same sense. In the second part, the right to difference itself and its relationship with native peoples are analyzed. Based on the overcoming of the assimilation pattern of these communities, which was also one of the reasons for the optimism that emerged in the writings on Latin American constitutionalism, it is asked whether this overcoming has had any effects in the practical field. Finally, the object of study is the performance of the conservative forces of the Brazilian National Congress in particular, with regard to these rights, formally provided for in the 1988 Constitution, from the issue of the demarcation of indigenous lands, determined by art. 67 of the Transitional Constitutional Provisions Act, and the recognition and demarcation of lands occupied by remnants of quilombola communities (art. 68 of this same provision). The article is constructed by the inductive methodology (narrative-descriptive), developed through bibliographical and documental research (doctrinal works, articles, legislation and judgments of the national legal system).