The case of the Yanomami indigenous people and the possibility of international liability of the brazilian state before the Inter-American Court of Human Rights

Abstract

The human rights violations faced by the Yanomami indigenous peoples are current and alarming, involving challenges in relation to the territoriality, health, culture and integrity of its members. The present work seeks to analyze the jurisprudence of the Inter-American Court of Human Rights related to indigenous peoples, with emphasis on the Yanomami, in order to assess the possibility of international accountability of the Brazilian State before the Court in relation to the narrated facts. The study was based on the analysis of documents, legislative instruments and judgments of the Inter-American Court of Human Rights related to the protection of indigenous peoples. In addition, a bibliographical research was carried out in order to examine the international accountability of the Brazilian State and to investigate possible future measures for the protection of indigenous rights. As a result, it was possible to verify that the jurisprudence of the Inter-American Court of Human Rights has relevant decisions on territory, health, culture and other issues involving indigenous peoples in the Americas. These precedents form a solid legal basis for a possible international accountability of the Brazilian State in relation to the Yanomami.