Loss of indigenous memory through the colonizing principle of equality: the silence of indigenous peoples in the construction of Brazilian Law

Abstract

The present article aims to analyze the position of indigenous peoples within society, demonstrating the subjugation of their culture in favor of Western culture. To achieve this, it employs the thoughts of Walter Benjamin to analyze the construction of traditional history, emphasizing the need for returnal to listen to the narratives of the excluded for the construction of the future, interwoven with the ideas of Ailton Krenak and Davi Kopenawa on memory and narrative. Building on Aníbal Quijano's framework, it is understood that indigenous cultures are unclassified in colonized society and, consequently, not considered. The study was conducted using the qualitative method and hypothetical-deductive methodology to explore whether the construction of brazilian law excludes indigenous peoples from its development. With the assistance of Davi Sanchez Rubio and Luís Alberto Warat, it was possible to conclude that indigenous peoples do not fully participate in delegative democracy and the construction of Constitutions. In particular, Brazil has unresolved constitutional traumas that can only be overcome by revisiting the history of the excluded, in this case, the indigenous peoples. The aim is to incorporate the cultures of these peoples into the legal framework, promoting evolution and recognition of subjectivities within the same territory.