A Invisibilidade de direitos personalíssimos na fronteira Brasil e Suriname

Abstract

The research addressed historical issues relating to the Tiriyó, Aparai and Wayana indigenous peoples, who occupy the western part of the Tumucumaque Complex. Population indices are considered cross-border. The research problem refers to the specificities in cross-border relations between Brazil and Suriname, the grandeur of the area occupied by the Tiriyó, Wayana and Apalaí indigenous peoples, how do these people exercise very personal rights and, consequently, social rights? The initial hypothesis considers that the legislation pertinent to Brazilian nationality and the consequent exercise of very personal rights such as the right to a name, the issuance of a birth certificate, according to law no. 6,015/1973 - Public Records Law, and the principle of generality of the law, indigenous people traveling on the border between Brazil and Suriname are not guaranteed very personal and social rights in Brazilian territory, assuming the existence of legal limbo in relation to the specificity of indigenous law for these situations. As for the general objective, it is intended to analyze the situation of personal and social rights of indigenous people who occupy the border region between Brazil and and Suriname, in relation to specific objectives, it seeks to establish the sociocultural and legal relations of the Tiriyó, Wayana and Apalaí peoples, contextualize the border, nationality and territoriality both from a legal point of view and from the perspective of the indigenous people who occupy the western portion of the Parque Montanhas do Tumucumaque, investigate the legal situation of indigenous peoples in relation to the guarantee of personal and social rights on the border between Brazil and Suriname and propose public policies that guarantee the exercise of these rights. To develop the proposed objectives, topics such as pedestrian rights, Administrative Register of Indigenous Births – RANI, joint Resolution nº 3/2012, nº 12/2024 of the National Council of Justice – CNJ and the Federal Public Ministry will be addressed. Regarding the methodology, the project adopts a qualitative approach focusing on field research, with interviews from representatives of the Federal Public Defender's Office – DPU, Notary Office Cristiane Passos, National Foundation of Indigenous Peoples, Special Indigenous Health District of Amapá and North of Pará – DSEI, and documentary analysis aiming to understand the social, cultural and territorial dynamics of indigenous populations in the border zone between Brazil and Suriname, western portion of Parque Montanhas Tumucumaque.