A TERRA INDÍGENA COMO PATRIMÔNIO CULTURAL BRASILEIRO

Abstract

This work aims to attest that the indigenous land plays an important role in Brazilian culture, according to article 215 of the Federal Constitution of 1988, and it can be said that it integrates the concept of Brazilian cultural heritage, as conceived by art. 216 of the Charter of Principles. To support this postulate, he discusses the cosmovision of the earth. In addition, it presents international documents, such as ILO Convention No. 169, the UN Declaration on the Human Rights of Indigenous Peoples and the American Declaration on the Rights of Indigenous Peoples. Finally, it compiles judgments of the Inter-American Court of Human Rights (IDH Court) in the sense of affirming that the cultural importance of indigenous lands has been identified, which provides more subsidies to sustain that the respective protection is also covered by the nature fundamental right guaranteed by art. 6, 215 and 216 of the Larger Text.