Rumo à descolonização? O direito de consulta e os seus (ab)usos na Reserva Indígena de Dourados (RID)

Abstract

This essay aims to research the different meanings given to the right of “previous consent” established in ILO Convention 169, approved by the Brazilian Nacional Congress on 2002. In order to construct the meanings atributted to this right, it is analysed a social encounter (Gluckman, 1987) of diversed social actors (indigenous groups, Prosecution Office, FUNAI and the State of Mato Grosso do Sul) before and after the government’s project to double a state’s road that literally crosses Dourados’s Indigenous Reservation (RID) were completed. The strategy to get to know the perceips of all those different actors was constructed by documents submited in a judicial litigation proposed by Prosecution Office versus the State of MS government because the project to double the road happened, according to Prosecution Office, without “previous consent” to indigenous people. In other hand, this issue is opposed by the State’s government by different versions of the same fact. In order to construct the scenery where the RID is taken, it will be presented the discourses and the State’s historical practices that conducted and, aparently, is still conduting, the relations between the State and indigenous people. In a historical context that legally changes these relations, some aspects from which caracterizes RID will be stressed out. Finally, we’ll emerge in this encounter of distinct perspectives given by the same fact, that is, the project and actors envolved in the activities to double the States’s road so that I can present the meanings percieved during the relations between these different actors of, after all, what could be some of the meaningins for the right of “previous consent”, which is not legally stablished in Brazil, but still, was evocated in distinted movements when this road were doubled.