CONSTITUTIONALISM AND THE INDIGENOUS MOVEMENT: THE FIGHT FOR THE ARTICULATION OF THE INDIGENOUS PEOPLES OF BRAZIL (APIB)´S LEGITIMACY IN THE SUBJECTIVE, ACTIVE AND COLECTIVE TITLING
Indigenous movement; constitutionalism; law found in the streets; coloniality; Articulation of Indigenous Peoples of Brazil (APIB)
The thesis addresses the legal and political actions of the Indigenous movement, with a focus on the Articulation of Indigenous Peoples of Brazil (APIB). The study is grounded in the author's practical experience within this organization, as well as in documents and cases in which they work to ensure the original rights of Indigenous peoples declared by the 1988 Federal Constitution, particularly in Articles 231 and 232. The research emphasizes APIB's role as a central force in the national coordination of the Indigenous movement, highlighting its strategic efforts across various fields, such as legal assistance and resistance against threats to Indigenous rights. The thesis discusses how the Indigenous movement has established itself as an agent of transformation within the Brazilian justice system, challenging entrenched colonial and racist structures. Using a decolonial and qualitative approach, the X X 2 study examines legal documents, court rulings, and the strategies of the Indigenous movement to understand their struggles against coloniality and their pursuit of a plural constitutionalism emerging from grassroots movements. Coloniality, a central concept of the research, reveals how the power and knowledge hierarchies established during colonization continue to marginalize Indigenous knowledge and rights. This logic underpins social and legal inequalities perpetuated by economic and political elites who resist acknowledging cultural, epistemic, legal, and political diversity. Finally, the thesis argues that the Brazilian Indigenous movement is an example of collective and decolonial resistance, promoting an intercultural constitutionalism "found in the streets." APIB, as a protagonist in this struggle, is legitimized by its efforts to defend Indigenous rights, coordinating legal and political strategies in a context of persistent challenges and oppression.