Research on a legal instrument used to protect indigenous people during the pandemic was highlighted at an international seminar

A survey of Ufes Law students was presented last week, at the International Process and Constitution Seminar, in Lima, Peru. With the title Potential and effectiveness of STF binding precedents during the covid-19 pandemic: an analysis in light of ADPF 709the work was produced by Bernardo Delanos and Paula Medice and one of its objectives was to analyze the decisions of the Federal Supreme Court (STF) in the protection of indigenous people during the period of the new coronavirus pandemic.

The congress took place between April 23 and 26, at the San Miguel campus of the Pontifical Catholic University of Peru (PUCP), and featured more than 15 speakers. For four days, the students, who were guided by professor Hermes Zanetti Jr., had the opportunity to exchange experiences with researchers both from outside the country and from other parts of Brazil.

“I believe that this exchange is very important for our University. We had the opportunity to get in touch with professors from different countries and other researchers, listening to opinions, suggestions and criticisms from the most diverse, in addition to showing our University’s potential and desire to research in an environment with diverse academics, which allows without doubts, expand horizons”, highlights Paula Medice.

For student Bernardo Delanos, participating in the congress in Peru was also a chance to realize the respect that Ufes has in the international academic community.

“The reputation we have abroad is extremely positive. Certainly, participation in the event allowed this vision to be greatly enhanced and increasingly increased in relation to the expectations and affection that teachers had for Ufes”, he highlights.

The search

The Claim for Noncompliance with a Fundamental Precept (ADPF 709) was a legal instrument proposed by the Articulation of Indigenous Peoples of Brazil (Apib) in August 2020. Its objective was to recommend protective measures for indigenous communities in the STF to contain the spread of the pandemic in indigenous territories.

“This decision was historic because it recognized this complicated role that the executive branch had been taking, and also because it outlined important panoramas that will certainly be used in this theoretical part later on”, says Bernardo Delanos.

According to Medice, one of the central points of the research was realizing that several measures of ADPF 709 must have their effects maintained, if Brazil goes through possible crises or any other conflict to which indigenous peoples may be subjected.

“Some of these effects can be considered constantly, while others can be considered for possible future moments of crisis, especially taking into account that it was realized that there was a lack of preparation for this in several aspects”, he analyzes.

Receptivity

Another important point highlighted by the students was the receptivity and engagement that the research received from researchers present in Peru. “Particularly, it was my first time abroad having the opportunity to present work to another culture that is very rich and has influence from these indigenous bases. It was very important because we saw that the public was engaging with our discussion and asking a lot of questions”, highlights Delanos.

Now, according to the duo, the idea is to advance research and continue taking the Ufes name to international events. “We will certainly advance this research. So, we want to make it even brighter with all the exchanges we had with people from different countries, other ethnicities and other indigenous groups who made different suggestions”, he concludes.