The role of ILO Convention No. 169 and 1988 Constitution in promoting the political rights of indigenous peoples and overcoming the integrationist policy in Brazil

Abstract

This study addresses, from a legal-political perspective, the organization of indigenous peoples in their dialogue with the surrounding society. In this endeavor, the prominence of the International Labour Organization's Convention No. 169 is observed, emphasizing the autonomy and participation of indigenous peoples in matters that concern them. The objective is to discuss the nexus between the emergence of ILO Convention 169 and the enhancement of democratic participation of indigenous peoples in Brazil, within a historical context of breaking away from the so-called integrationist paradigm. The work adopts a deductive reasoning approach. It begins with a review of legal literature, case law, and document analysis as the foundation for debating the arguments presented. The study concludes that Convention 169 and the Brazilian Federal Constitution converge towards overcoming the integrationist paradigm; recognizing the right to consultation and the criterion of self-identification; enabling the Inter-American Court to directly address matters involving ethnic diversity and multiculturalism; and fostering a pluralist shift in South American constitutions. Although this process is subject to setbacks, the aforementioned legal framework provides a juridical basis for the emancipatory political struggles of historically oppressed peoples.