Ativismo judicial e movimento migratório indígena: a tutela judicial na implementação de centros indígenas de ocupação itinerante a partir da teoria dos direitos fundamentais de Robert Alexy
Ricardo Aparecido de Souto, Rogério Cangussu Dantas Cachichi
{"title":"Ativismo judicial e movimento migratório indígena: a tutela judicial na implementação de centros indígenas de ocupação itinerante a partir da teoria dos direitos fundamentais de Robert Alexy","authors":"Ricardo Aparecido de Souto, Rogério Cangussu Dantas Cachichi","doi":"10.33636/RECONTO.V2N1.E018","DOIUrl":null,"url":null,"abstract":"The text brings to light the problem of judicial activism in matters of indigenous public policy. The central issue is the (in) admission of judicial protection that determines to the public manager to construct and maintain centers of itinerant occupation (houses of passage), with minimum structure of operation (water, light, rooms, bathroom, kitchen, to attend to the Indians who travel through the cities in migratory movement proper to their ethnic group. The purpose of the text is not to provide a definitive or a unique answer. The purpose is to suggest some more or less definite path through which it might be appropriate to address the problem. The rationale for this research stems from the importance of issues ranging from the protection of the Indian, indigenous culture and traditions to the limits and parameters of the Judiciary in the State of Democratic Law, especially when it acts in the field of public policies, judicializing options usually related to the public manager. Based on a bibliographic procedure, with a qualitative approach, the text concludes with some reasons why the concrete circumstances experienced in an eventual conflict submitted to the Judiciary may have great methodological and argumentative relevance to unveil the issues covered in the article.","PeriodicalId":272385,"journal":{"name":"Revista de Constitucionalização do Direito Brasileiro","volume":"161 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Constitucionalização do Direito Brasileiro","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33636/RECONTO.V2N1.E018","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The text brings to light the problem of judicial activism in matters of indigenous public policy. The central issue is the (in) admission of judicial protection that determines to the public manager to construct and maintain centers of itinerant occupation (houses of passage), with minimum structure of operation (water, light, rooms, bathroom, kitchen, to attend to the Indians who travel through the cities in migratory movement proper to their ethnic group. The purpose of the text is not to provide a definitive or a unique answer. The purpose is to suggest some more or less definite path through which it might be appropriate to address the problem. The rationale for this research stems from the importance of issues ranging from the protection of the Indian, indigenous culture and traditions to the limits and parameters of the Judiciary in the State of Democratic Law, especially when it acts in the field of public policies, judicializing options usually related to the public manager. Based on a bibliographic procedure, with a qualitative approach, the text concludes with some reasons why the concrete circumstances experienced in an eventual conflict submitted to the Judiciary may have great methodological and argumentative relevance to unveil the issues covered in the article.