Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018
78 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS ge. Founded on the value of human dignity, they were to grant, gradually, a new lease on life for the circumstances of autochthonous peoples [in the Americas] - populations historically submitted to erroneous policies of contact and assimilation, considering the lack of regard for their possession of rights, yet being worthy of a differentiated governance. 8 ” However, despite this opening towards human rights in all their fra- gility and inherent need for internal construction, promising to overcome the antagonisms resulting from the excessively individualistic and liberal perspective, the result was the postponement of these rights, especially in those groups most deprived of organization and the fight for justice, as is the case of indigenous peoples. Only the widening of the concept of human rights and the “ethnifica- tion” of the catalogue of constitutional rights gave potential to the indige- nous emergence, putting an end to the long period of “invisibility” for these peoples.This made their identities legitimate and their demands more ro- bust, politicizing them internally and externally 9 . This indigenous mobilization, in the face of exclusion and discri- mination, managed to break the parameters of the asymmetric arrange- ment to which it was subjected.This strengthened ethnic identity and the rights-based agenda, also permitting the development of multicultural and indigenous governance concepts “within a margin of autonomy suffi- cient for living, expressing and developing in accordance with one’s own way of being 10 ”. In this way “the indigenous movement, beforehand restricted to pro- test actions and local or regional resistance, came to own space on the agen- da of national and international institutions, backed by strong indigenous rights in the recognition and guaranteeing of the preservation of cultural 8 Idem, p. 26. 9 Idem, p. 112. 10 Idem, p. 39.
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