Ñande Ru Marangatu and veto message no. 163/2017

approaches in light of international human rights law

Abstract

This article aims to analyze the right to free mobility of indigenous border peoples, guaranteed by §2 of Article 1 of Law No. 13.445/2017. After the veto, the right to free mobility of traditional peoples was no longer recognized under the grounds of national security, affronting the 1988 Federal Constitution. The veto stems from the historical process of demarcation of national borders that impacted indigenous peoples. The article will seek to show this process, stimulating reflection on the importance of land for traditional peoples. Studying the dynamics of spatial mobility of the Guarani and Kaiowá located in the Brazil/Paraguay border region is fundamental to understanding how the veto message studied influences this population. In this context, the article will show the possibility of international human rights protection as an effective instrument in guaranteeing the rights of these populations, unfortunately relegated to a secondary position by the Brazilian State. Through the inductive method and through bibliographic, anthropological, and legal sources, the article will seek to achieve its objective.