O RECURSO ÀS JURISDIÇÕES INTERNACIONAIS COMO REMÉDIO PARA AS DEFICIÊNCIAS DA JUSTIÇA TRANSICIONAL

as estratégias dos povos indígenas da Guatemala, do Brasil e do Chile

Abstract

For several decades now, Truth and Reconciliation Commissions (TRCs) have been shedding light on the serious violence suffered by indigenous peoples, with varying degrees of success. The establishment of these TRCs has raised the need to take into account the demands of indigenous victims, particularly in the implementation of culturally appropriate reparations measures designed to redress the consequences of the violence suffered, restore peace and guarantee the non-repetition of such violence in the future. In this chapter, we have chosen to highlight the dynamics of transitional justice involving the indigenous peoples of Guatemala, Chile and Brazil, from the national to the international level, due to the particularities of each context, but also due to the prospects opened up by the actions they have taken in front of international jurisdictions. After evaluating the responses of the transitional justice mechanisms created at national level to the extremely serious violence suffered by indigenous peoples (1), we will analyze the contexts, contributions, and prospects of their recourse to international courts (2).

Keywords: Indigenous Peoples, Transitional Justice, Reparation.