The PERSPECTIVE OF COMPARATIVE LAW BRAZIL – COLOMBIA AS A CONTRIBUTION TO THE DEBATE ON INDIGENOUS LAW IN BRAZIL

Abstract

This article analyzes the scenario of Indigenous Law in Brazil and Colombia in a comparative way. For this, a descriptive and exploratory methodology was used through the technique of indirect bibliographical research. The history of Indigenous Law in both countries was confronted, from European colonization to the enactment of the Citizen Constitution in Brazil and the Political Constitution in Colombia. Specifically, the constituent processes and the current indigenous legislation in each country were analyzed. The analysis concludes with an observation of the context and the performance of the constitutional courts of both countries on Indigenous Law. At each stage, the analysis was carried out under the legal, historical and political spectrums in order to reach a more contextualized perspective on the subject. The objective is to find similarities and singularities that can contribute to the advancement of Indigenous Law in Brazil.