Direito indigenista no Brasil e no Canadá: um estudo comparado

Abstract

This work is the result of a comparative analysis of the history, social organizations and indigenous legal systems of Canada and Brazil. The study had been done from scientific articles, books and the indigenous legislation of both countries. The aim of this comparative study is to show the results of colonization on cultures and life style of indigenous peoples and how the Constitutions and other legislations brought the Indians’ protection. The arrival of Europeans in both countries was negative to the natives, brought diseases, exploitation and decimation. The settlers de-structured social organizations of these people and tried to impose them their cultures and laws. As a result of resistance to assimilation and the struggle for autonomy, indigenous conquered fundamental rights within a society where the majority is prejudiced against minorities. From colonization to the present day, this work will show how the indigenous legislation and policies formation in Brazil and Canada was.