Carnio, Henrique Garbellini2024-11-272024-11-272022STRASSER, Francislaine de Almeida Coimbra. O elo entre o constitucionalismo brasileiro e a democracia representativa com perspectiva no reconhecimento indígena. 2022. 252 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/481The right to indigenous recognition has been covered by the need for community awareness focused on the direct participation of the State, through representative democracy and the values of contemporary Brazilian constitutionalism, since only the holders of power have the legitimacy to understand the similar foundations of this culture, such as: rationalist, individualist and universalist, fruits of Eurocentric colonialism, to relax the legal protection until then in force and effectively recognize from a social, cultural, political and economic status the indigenous citizen, by an effective legislation that allows the mobilization of these indigenous populations. For this, the research recovers historical and juridical elements of the colonization process, pointing out the inconsistency of the otherness and self-determination of the peoples present in national and international documents, including in the Federal Constitution, to claim for the materialization of the promises contained in these current documents and thus contain threats and aggressions to their rights. It is not possible to allow coloniality remain the winner in contemporary power relations, when it is also defended in this research, the interconnection that the right must have with politics. That's because as the right is a social system, it ends up reflecting the context of coloniality, creating rights and obligations committed to to this worldview and society. It is from then on that the process of transformation around the affirmation of rights led Brazilian Constitutionalism to focus on leading the Constitution, as the highest law of a country, to exercise a dual role, one of integrity as a key element for the organization of power and one of integration as an element that incorporates values of pluralism and diversity, combined with the challenge of being effective and not as "soft law," because it must confer normative legal stature on the human condition. Moreover, the (re) construction of citizenship by this approach allowed to give rise to the "new" Latin American constitutionalism marked by the Constitutions of Venezuela (1999), Ecuador (2008) and Bolivia (2009), which regulated popular participation in drafting the texts of constitutions, and their interpretations by adopting a "good to live" model, whose focus would be on the human being, with the consequence of recognizing the alterity and above all the guarantee of participation and recognition of all ethnicities of Latin American nations, in addition to the creation of Constitutional Courts with the participation of indigenous people. This means that there has been a collaboration for the construction of a participatory democracy, whose protagonism is the citizen and the recognition of the alterity in the relationship of national societies, including with indigenous peoples. Nevertheless, what has been said in the course of the work, from the inductive and auxiliary method, using the comparative and qualitative method, is that the best way forward to ensure legal certainty for indigenous peoples, for the non-violation of their rights, it would be a transconstitutional dialogue between the roots of these values introjected by the "new" constitutionalism in the horizons of complexity and solidarity with Brazilian constitutionalism, for only in this way would it be possible to construct a transversal Constitution, it is that which seeks to reconcile equality, through the recognition of alterity, with the right and politics of participatory democracy.ptConstitucionalismo brasileiroDemocracia representativaReconhecimento indígenaPovos indígenas