Consulta previa, libre e informada del Convenio n.º 169 de la OIT: análisis del escenario en el Supremo Tribunal Federal y en el Tribunal Regional Federal de la 5ª Región de Brasil

• Martins Domingos, João Victor ^[1] ; de Moraes Braga Junior, Sérgio Alexandre
  1. [1] Universidade Federal do Rio Grande do Norte

     Universidade Federal do Rio Grande do Norte

     Brasil

     
• Localización: Cadernos de dereito actual, ISSN-e 2386-5229, ISSN 2340-860X, Nº. Extra 25, 2024 (Ejemplar dedicado a: Cadernos de Dereito Actual - Número Extraordinario), págs. 417-436
• Idioma: portugués
• Títulos paralelos:
  • Prior, Free, and Informed Consultation under ILO Convention No. 169: analysis of the Scenario in the Supreme Federal Court and the Federal Regional Court of the 5th Region in Brazil
• Enlaces
  • Texto completo
• Resumen
  • English

    The general objective of this study is to analyze the decisions issued by the Supreme Federal Court (STF) and the Federal Regional Court of the 5th Region (TRF) in Brazil between 2019 and 2024, which were based on the right to free, prior, and informed consultation as established in ILO Convention No. 169, providing a diagnosis of the issues involved. The research methodology is both qualitative and quantitative in nature; exploratory and descriptive, involving bibliographic and documentary research. The issues addressed in the analyzed decisions involve environmental, urban planning, and public policy matters. These findings align with the literature on the subject, which emphasizes the importance of the right to consultation and the pursuit of its effective implementation. The ability of indigenous peoples to have control over their own destinies underscores the value of self-determination and the protection of cultural identity

  • português

    The general objective of this study is to analyze the decisions issued by the Supreme Federal Court (STF) and the Federal Regional Court of the 5th Region (TRF) in Brazil between 2019 and 2024, which were based on the right to free, prior, and informed consultation as established in ILO Convention No. 169, providing a diagnosis of the issues involved. The research methodology is both qualitative and quantitative in nature; exploratory and descriptive, involving bibliographic and documentary research. The issues addressed in the analyzed decisions involve environmental, urban planning, and public policy matters. These findings align with the literature on the subject, which emphasizes the importance of the right to consultation and the pursuit of its effective implementation. The ability of indigenous peoples to have control over their own destinies underscores the value of self-determination and the protection of cultural identity.