THE FRAGILITY OF SOCIO-ENVIRONMENTAL RELATIONS BETWEEN THE STATE AND INDIGENOUS POPULATIONS: THE UNCONSTITUTIONALITY OF PROVISIONS OF LAW 6,001 OF 1973. Alessandra do Amaral da Silva, Marcelo Henrique Gazolli Veronez

Abstract

Considering the fragility on the relations involving the State and indigenous population throughout the Brazilian history, research has been done on the Law 6.001/73 and its relationship with the Federal Constitution to verify the non-receipt of some articles of the organic law. Therefore, it is necessary to rescue the changes which our legal system has undergone through time, to observe the actions of the indigenous protection bodies and to compare the two norms. Thus, hypothetical-deductive research has been performed. Based on that, it is verified a more protective Law posture nowadays, a limitation on the action of indigenous protection bodies due to their subordination to the Executive branch and a non-reception of specified articles of Law 6.001/73 by the Federal Constitution of 1988. The results demonstrate the necessity of revocation expressed of such instruments or to elaborate a new law to replace the Indian Statute.