YANOMAMI INDIGENOUS PEOPLE IN BRAZIL: INTERNAL ORDER AND THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AS HUMANITARIAN CRISIS INDICATION

This is an article on the legal implications, in Brazil, of the traditional occupation of land by the Yanomami indigenous people, having as a starting point the construction of the North Perimetral Highway in 1973, which corresponded to a large influx of non--indigenouspeople and land conflicts. It seeks to demonstrate, analysing the Brazilian Constitutions after 1967, the received legal norms, the international treaties, and the inter-American jurisprudence that the legal order in Brazil provides for the possession of indigenous lands, the usufruct of their natural resources, the demarcation, and removal. Ho-wever, the State systematically violates these rights, eventually causing humanitarian cri-ses. This serious phenomenon occurred twice. In the Dictatorship, specially from 1975 to 1990, and during the Brazilian Democracy crisis, starting in 2014. In both, the bodies of the inter-American human rights system were provoked. Although indigenous rights are well developed in Brazil, their effectiveness is still a challenge, due to the political opposition of certain social groups, which culminates, in periods of greater democratic fragility, in humanitarian crises that are the object of analysis by the Inter-American Commission on Human Rights. Human Rights and by the Inter-American Court of Human Rights, which have jurisdiction over Brazil.