O direito e a questão da (in)visibilidade indígena: da ditadura militar à Comissão Nacional da Verdade

Abstract

This term paper analyze the indigenous invisibility issue, from the Brazilian military dictatorship (1964-1985) to the National Truth Commission. The bibliographic and documentary research method was used, based on law, on historical, political, social and economic factors, aiming to understand the serious violations of the rights of indigenous peoples during this period. Divided into three chapters, the first chapter addressed the history of indigenous policies made by the military government and its agents. The second chapter dealt with the Amnesty Law and indigenous peoples in the Federal Constitution of 1988; ending with the analysis of the transitional (in)justice in regard to the indigenous peoples. The Third chapter explained the rescue carried out by the NTC of the real conditions the indigenous peoples were subjected to during the regime and analyzed some of the recommendations made by the Commission and their consequences. By the end of this work, it is concluded how negligent the Brazilian State was in allowing a false conciliation in the redemocratization period, without considering the importance of an effective transitional justice that perceived indigenous peoples as subjects of their own rights and interests.