EXTENSION OF MATERNITY ASSISTANCE FOR INDIGENOUS UNDER 16 YEARS OF AGE FROM TRANSCONSTITUTIONAL DIALOGUE

Abstract

This article discusses an extension of maternity assistance for indigenous under 16 years of age, based on transconstitutional dialogue, as an instrument to implement the Social
State and protect cultural diversity that affects Brazilian. Although indigenous peoples occupy the condition of subjects of law in the constitutional order, they are not entitled to
certain benefits because they have a culture different from the dominant culture. That way, based on the transconstitutional dialogue, the study aims to investigate how the extension of maternity assistance to indigenous adolescents can mean the establishment of a Social State
that considers indigenous identity.Therefore, the research initially addresses the social
function of the State in the face of cultural diversity, considers the special situation of
indigenous peoples in Brazil, examines the situation of Mbyá-Guarani indigenous
adolescents, living in the Inhacapetum Indigenous Land, located in theof State of Rio Grande
do Sul, and, debates the granting of maternity wages to indigenous under 16 years of age based on the engendering of a transconstitutional dialogue.