The brazilian legislation related to the indigenous habitats protection is composed by a series of rules and laws.
The brazilian legislation related to the indigenous habitats protection is composed by a series of rules and laws.
The 88's Federal Constitution was an important step because it ensured the indigenous people rights, respecting their social and cultural organization, languages, beliefs and traditions.
Furthermore, the Indian Statute (Law No. 6.001/1973) is an specific law intended to protect the indigenous people and stablish rights and obligations.
Other important rules include:
Decree nº 7.747/2012
Decree n° 6.861/2009
Decree n° 9.836/1999
These laws aim to ensure the indigenous people protection, conserve their land and promote the respect to the cultures and tradition, besides promote the education right for all the indigenous, and ensure the right to health.
Indigenous Rights
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Land
Art. 231: “Are lands traditionally occupied by the indigenous the ones for them inhabited on permanent nature, used for their productive activities, essential for preservation of the natural resources necessary for their well-being and necessary for their physical and cultural reproduction, according to their uses, habits and traditions.”
Diference
Art. 231: “Are recognized to the indigenous their social organizations, habits, languages, beliefs and traditions, and the original rights about the lands that they traditionally occupy, competing to the Union demarcate them, protect and to ensure that all their assets are respected.”
Protection
Art. 231: “Recognize the indigenous' social organization, habits, languages, beliefs and tradition, recognizing the existence of national minorities and instituting ways of protection of their ethnic uniqueness.”
Procedural
Art. 232: “The indigenous, their communities and organizations are part of self-defense to enter in court in defense of their rights and interests, intervening the Public Ministry in all process's acts.”
Equality
Art. 5º. “All are equal before the law, without distinction of any nature, ensuring to the brazilians and to the foreign residents in the country the inviolability of the right of life, freedom, security and property, as follows.”
Para saber mais sobre as leis que protegem os habitantes nativos, você pode visitar o site do planalto:
