A política pública de saúde indígena na pandemia da COVID-19: efetividade da dimensão constitucional e suas contradições

Abstract

This thesis investigates the constitutional dimension and contradictions of public health policies aimed at Indigenous peoples in the context of the coronavirus pandemic, which began in 2020. It is based on Pierre Bourdieu's methodology, with an emphasis on the categories of symbolic power and violence, and on the understanding of Indigenous peoples as historical, cultural, and spiritual subjects deeply connected to their territories, language, and culture. The research adopts a qualitative approach, anchored in a historical review of how Brazilian constitutions have addressed (or failed to address) Indigenous people, as well as how Indigenous social movements participated in the National Constituent Assembly and, in the period following the 1988 Federal Constitution, and how legislation developed in this regard. In the judicial sphere, the study analyzes a representative lawsuit filed by the Articulation of Indigenous Peoples of Brazil before the Supreme Federal Court. Interviews were also conducted with individuals working in institutions responsible for ensuring the effectiveness of Indigenous health in the state of Maranhão, Brazil. Among the interviewees were the Federal Public Prosecutor's Office and the Federal Public Defender's Office, as well as the current coordinator of the Special Indigenous Health District. The central objective of this thesis is to analyze the limits and possibilities of the current configuration of Indigenous public health policy in Brazil, with an emphasis on the covid-19 pandemic. The research is based on the recognition that ensuring the right to health, as established in Article 196 of the 1988 Federal Constitution, implies not only universal access to services, but also the adoption of public policies sensitive to the cultural, territorial, and institutional specificities of Indigenous populations. In summary, the conclusion is that there is a pressing need for greater visibility of this issue on the political agenda, as well as for improving the structures of the justice system institutions that operate in this area, prioritizing the participation of Indigenous social movements in all aspects of the process. The study aims to contribute to deepening democratic commitment in the field of public policy, illuminating challenges and potential still largely overlooked in the Brazilian constitutional agenda.