O direito à memória dos povos originários brasileiros: uma análise do caso Yanomami

Abstract

The present work was elaborated to understand the role of the legal system in view of the realization of the right to memory of the original Brazilian people. In view of the historical oppression and violence imposed on indigenous communities, it is essential to fight not only for the visibility of the actions of these peoples in contemporary times, but, first, to deconstruct the national imaginary formed around indigenous groups, demystifying the supposed heroic figure trapped in a past without future projections. In this sense, the theory of Decoloniality elaborated by Anibal Quijano (2005) was mostly used, to understand the impacts and echoes of the colonization process in Brazilian society, as well as the way that colonial thought was perpetuated through different instruments. Next, there is an analysis of the right to memory related to indigenous peoples, which is often limited to a violent aspect and lost struggles, with the proposal of which understanding of memory would be more appropriate to effect formal rights. Later, the legislative framework for these groups is studied, followed by an analysis of the case of the Yanomamis, which gained enormous repercussion in the national media. Finally, we seek to understand the decolonial education developed in the territories of the Yanomamis, and how this education could contribute to the realization of the right to memory (in its various aspects) of the original people.