The VOICE OF INDIGENOUS PEOPLE IN CONTEMPORARY PROCEDURAL LAW ADPF n.º 709 and structural injuctions

Abstract

This study aimed to highlight the importance of the subjects of rights in the realization of fundamental human rights within the scope of procedural law; specifically, the right to health of indigenous peoples based on the actions of the Articulation of Indigenous Peoples of Brazil (APIB) before the country's supreme court, the Federal Supreme Court, through the Claim of Non-compliance with a Fundamental Precept (ADPF n. 709/2020) during the covid-19 pandemic. For this purpose, we initially sought to present the context of original peoples during the pandemic; then, the importance of the leading role of these people in the search for the realization of the right to health and, as auxiliaries in this historical and sociocultural process, of the legislative, executive and judicial functions. It proposes the presence of the Indigenous Health Agent (AIS) in the monitoring phase to obtain the proper implementation of structural injuctions and, therefore, achieve effective protection.