DIFFERENCE IS NOT DISABILITY: INDIGENOUS DISABILITY AND THE FEDERAL CONSTITUTION OF 1988

Abstract

The theme of the present work is the civil capacity of the indigenous, considering that it is an extensive theme, requiring a cut in the research. Busca verify how the doctrine and the Jurisprudence has dealt with the theme and try to find a way to reconcile these rights, in order to understand how the application of civil capacity can be an instrument of affirmation of indigenous autonomy.  Still at this point, it is important not to lose sight of the fact that the changes that the Indians have undergone over the years do not imply a loss of rights, on the contrary, self-government and emancipation make them gain a leading role in society. Toanalyze the civil capacity as a reinforcement of indigenous autonomy, to then understand the limits to civil liability before the civil and constitutional indigenous protection, because in the civil field, there are those who advocate a complete liberation of the Indian from the relative incapacity from the advent of the Constitution and, later, of ILO Resolution 169. It analyzes the most recent transformations of the issue, where it is observed in the construction of a new model of protection, both the advances obtained within the scope of the Federal Constitution and the resistance of certain authors to such advances. It evaluates the changes that the Indians have undergone over the years, which does not imply a loss of rights. It explains how the contact of these peoples with the state and with other groupings simply makes possible self-government and the possibility of dealing externally.