INTERCULTURALITY IN SOCIAL SECURITY LAW RELATED TO THE INDIGENOUS PEOPLE OF THE JAMÃ TŸ TÃNH COMMUNITY

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Luís Fernando da Silva Laroque
Débora Pires Medeiros da Silva

Abstract

The colonial matrix is present in Brazilian legal norms so that interculturality consists of a proposal that aims to open new paths that confront aspects of coloniality. Brazil has 896 thousand indigenous people, of which 572 thousand live in rural areas and 324 thousand live in urban areas. The investigation uses experience cases from the Kaingang ethnic group, which is distributed across four Brazilian states and has a population of 39 thousand people. This paper aims to understand which aspects of interculturality are used in Social Security Law in relation to the Kaingang indigenous people of the Jamã Tÿ Tãnh community, located in the municipality of Estrela/RS. Experience reports about access to Social Security from eight indigenous people from the Jamã Tÿ Tãnh community were used. The case study method was adopted, being the research qualitative, whose technical instruments were bibliographic and documentary research, observations recorded in field diaries and oral history. It is concluded that interculturality seeks to confront the colonial matrix present in the Brazilian legal system, which makes access to Social Security benefits difficult, especially when it comes to indigenous populations.

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Author Biographies

Luís Fernando da Silva Laroque, Universidade do Vale do Taquari (UNIVATES)

PhD and Master in History from Universidade do Vale do Rio dos Sinos (UNISINOS), São Leopoldo/RS, Brazil. Graduated in History from UNISINOS. Graduated in Social Studies from UNISINOS. Professor at Universidade do Vale do Taquari (UNIVATES), Lajeado/RS, Brazil. Coordinator of the research project on Ethnic identities and socio-environmental developments in river basin spaces, as well as the Kaingang History and Culture extension project at UNIVATES.

Débora Pires Medeiros da Silva, Universidade do Vale do Taquari (UNIVATES)

Master in Environment and Development from Universidade do Vale do Taquari (UNIVATES), Lajeado/RS, Brazil. Specialist in Social Security Law from Faculdade Verbo Educacional (VERBOEDUCA), Porto Alegre/RS, Brazil. Graduated in Law from UNIVATES. Volunteer in the research project on Ethnic identities and socio-environmental developments in river basin spaces, as well as the Kaingang History and Culture extension project at UNIVATES.