OS DIRETOS INDÍGENAS E O MULTICULTURALISMO ÉTNICO NA PERSPECTIVA DO ESTADO DEMOCRÁTICO DE DIREITO

Abstract

: This article analyzes the formation of the Brazilian ethnic multicultural state from the perspective of the Democratic Rule of Law that recognizes and protects the rights of the indigenous people. With the 1988 Federal Constitution, ethnic identity becomes an integral part of the Democratic Rule of Law which recognizes the right to alterity as a fundamental right of the indigenous minority http://dx.doi.org/10.20912/rdc.v16i38.114 and conceives it as a participant in a State that admits ethnic multiculturalism at the center of relations normative. Thus, political pluralism, which builds the Federative Republic of Brazil, ensures the recognition of the indigenous minority that has historically been exposed to a discriminatory normative policy based on assimilationism. Based on the aforementioned thematic contribution, the normative structure of a multicultural ethnic State is analyzed, with the objective of identifying how the Democratic Rule of Law contributes to the protection and effectiveness of indigenous cultural diversity. The hypothetical deductive method and bibliographic and qualitative research are used as methodological procedures to, in the end, understand that in the Democratic State, multiculturalism is strengthened as a policy of recognition and affirmation of diversity, assuming respect for difference as an integral part of human dignity.