THE SYSTEMATIC VIOLATIONS OF INDIGENOUS RIGHTS IN BRAZIL IN THE LIGHT OF THE UNCONSTITUTIONAL STATE OF AFFAIRS CONCEPT

Abstract

The present article discusses the systematic violations of indigenous rights in Brazil in the light of the unconstitutional state of affairs. For that, the study initially analyzes and discusses the historical context of resistance and discrimination faced by the indigenous peoples in Brazil. The study seeks to define the unconstitutional state of affairs and its application in Brazilian law. And, also, it debates whether the current scenario of widespread violation of indigenous rights in Brazil can be observed from the unconstitutional state of affairs. In the methodology, the study is based on the bibliographic research technique, on deductive reasoning, and on the hermeneutic approach method. The results show that the actions and omissions of the Brazilian State represent an unconstitutional state of affairs, fostering the advance of the real and symbolic destruction of the indigenous peoples.