The fundamental right to health of indigenous people in times of COVID-19 in Brazil: The Claim of Non-compliance with Fundamental Precept - ADPF 709

Abstract

The Covid-19 pandemic has highlighted the extreme vulnerability and need to preserve indigenous customs and culture. The Articulation of Indigenous Peoples of Brazil - APIB, together with other groups and political parties, filed the Claim of Non-compliance with Fundamental Precept - ADPF 709 with the aim of preserving indigenous interests during this pandemic period. This article addresses the following issue: Did the Brazilian Public Power applied mechanisms to preserve the life, health, and culture of indigenous peoples in the Covid-19 pandemic? Was the precautionary measure issued on July 8, 2020, in ADPF 709 effective for indigenous people? Considering the pandemic situation, it is necessary to the State be responsible for defending the rights of indigenous peoples to combat the pandemic, such as the removal of land grabbers, miners and loggers, promoting the protection of indigenous territories.