Indigenous Peoples’ Rights and COVID-19 In the Amazon: A Comparative Analysis Between Brazil and Perù
Authors: Thiago Burckhart
The aim of this article is to analyze, in a public comparative law approach made by a complex and critical perspective, the legislative initiatives related to the rights of indigenous peoples that have arisen in the context of the health crisis of Covid-19 in Brazil and Peru, focusing particularly on the common elements related to the protection of their lands. The hypothesis is that although signifi- cant legal norms have been produced for the protection of Indigenous Peoples in both countries, they have: 1) problems of applicability, and 2) problems of legitimacy. The conclusion of the article confirms the research hypothesis and also points to the problem of the time lapse of the new legal norms and to the problem of land in the Amazon, which remains an open geopolitical issue. The article is therefore divided into three parts: I – Amazon, Covid-19 and rights of Indigenous Peoples in Brazil and Peru; II – New legal instruments in Brazil and Peru; III – Between texts and contexts: rights of indigenous peoples in the Brazilian and Peruvian Amazon in comparative analysis.
Keywords: Indigenous peoples’ rights, Covid-19, Amazon, Brazil, Peru