A tutela constitucional do meio ambiente como instrumento de preservação da cidadania dos povos originários: crise Yanomami sob ótica da legística

Abstract

The objective of this research is to analyze the protection of the environment as an instrument for the preservation of the citizenship of the indigenous peoples, from the conception of the environment as a fundamental right for everyone, essential to the quality of life, having as its paradigm the crisis of the Yanomami people in the state of Roraima, aggravated by the advance of the illegal mining on the territories of this ethnic group. Thus, considering that environmental preservation is essential to a healthy quality of life, the question is: how can constitutional protection of the environment, considered as a fundamental right for everyone, ensure the citizenship of indigenous peoples, from a legislative perspective? The methodology used in this research is deductive and descriptive, encompassing a review of the literature, legislation, and data analysis from national reports. Through a qualitative approach, this study analyzes whether constitutional protection of the environment can preserve the citizenship of indigenous peoples, while also analyzing the social effectiveness of the law from a legislative perspective. The conclusion is that, although Brazil has a vast framework of protection for indigenous rights regarding the shielding of their territories— inextricably linked to the culture and citizenship of these ethnic groups— the social effectiveness of these instruments depends on more efficacious actions (by the state) in fulfilling its constitutional duty to care for the environment, which has contributed to the worsening of human rights violations against the Yanomami ethnic group.