Direito em Movimento - Volume 16 - Número 2 - 2º semestre/2018

87 Direito em Movimento, Rio de Janeiro, v. 16 - n. 2, p. 72-105, 2º sem. 2018 ARTIGOS a literal interpretation, transmit the impression that their right to the lands which they occupy was not contemplated or labelled in an adequate way. This is a cause for preoccupation because these peoples live in a si- tuation of fragility in the historical context of processes of domination, exploitation and discrimination. The Awas Tingni case under study was a moment of bending the ju- risprudence of the Court with regard to indigenous rights and marked the passage of a more timid and conservative posture to juridical-political acti- vism in the recognition of human rights, under a multicultural perspective. Effectively, through the progressive or evolutionary interpretation of the Convention, this recognition was adapted to reality and the Inter-A- merican Tribunal upheld jurisprudence to protect those originary peoples. At the same time, it demonstrated its capacity to absorb important aspects of indigenous rights and make them compatible with international and regional norms in the protection of human rights 29 . Besides, the progressiveness or the evolutionary (adaptive) interpreta- tion is inherent in the idea of the protection of human rights. It would be a contraditio in terminis to deny safety to groups at risk, when it comes to consider the argument that there is no specific normativity. Considering this aspect, the judge Sergio García Ramirez, in the reasoning of his vote, recalled the “ pro homine rule, inherent in the Inter- national Law of Human Rights – frequently invoked by the Court’s juris- prudence – which leads to a greater and better protection of people with a final proposal for preserving dignity, ensuring fundamental rights and stimulating the development of human beings”. In accordance with this magistrate, the base for establishing evolu- tionary hermeneutics lies in article 29 of the American Convention, for- 29 LIMA JÚNIOR, Jaime Benvenuto. O Caso Mayagna Awas Tingni contra a Nicarágua perante o Sistema Interamericano de Direitos Humanos: demarcação de terras ancestrais indígenas. In: Justiciabilidade inter- nacional dos direitos humanos : os casos Mayagna Awas Tingni contra a Nicarágua e Lustig-Prean e Beckett contra o Reino Unido. Recife: Ed. do autor, 2009.