DIREITOS DE POVOS INDíGENAS NO BRASIL: O “NúCLEO ESSENCIAL DE DIREITOS” ENTRE DIVERSIDADE E INTEGRACIONISMO

摘要

This paper aims to analyze the rights of indigenous peoples in Brazil, focusing on the theoretical construction of the “essential core of rights” in the paradigm of cultural diversity and the impact of the recent “marco temporal” thesis on this normative framework. The bibliographical and documental research is complemented with a jurisprudence study. The methodological perspective is grounded in constitutional theory and sociological analysis of law, in a dialogical and critical approach. The conclusion affirms that the “marco temporal” thesis, understood as a restrictive interpretation of rights, is a concrete impediment to cultural diversity, to the construction of the multicultural and intercultural State and the concretizaion of the essential core of rights of indigenous peoples.