QUANDO O BRANCO DEVORA A ARTE INDÍGENA: IMAGOFAGIA E NOVAS PROPOSTAS JURÍDICAS

Abstract

The objective of this paper is to analyze possible mechanisms able to guarantee the protection of the intellectual property of indigenous peoples over their artistic creations. Considering these peoples as diverse groups, with different perspectives on the world from those of non-indigenous peoples, their particularities, in terms of how they make art, must be taken into consideration. For this reason, the starting point of this study is to investigate the general legal protection that already exists, observing its practical application in the specific contexts of indigenous peoples. The content of some international documents in the field of intellectual property is examined, as well as more specific recommendations and norms related to the indigenous population. In addition, the adequacy of the Brazilian copyright system with the realities of these peoples is discussed. For a discussion close to reality, concrete cases are analyzed according to the existing systems, and from there, the possibilities and failures in the legal protection of copyrights of indigenous communities are verified.