Banca de DEFESA: MARCELO XAVIER DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MARCELO XAVIER DA SILVA
DATA : 29/03/2019
HORA: 16:00
LOCAL: EMERON
TÍTULO:

Requirement of military discharge for registration of indigenous people as voters: an analysis based on respect for difference

PALAVRAS-CHAVES:

Indigenous Peoples. Electoral Enlistment. Citizenship. Cultural identity

PÁGINAS: 89
GRANDE ÁREA: Outra
ÁREA: Multidisciplinar
RESUMO:

This work had as its theme the recognition of the right to difference by the Electoral Justice, having been delimited in the study of the requirement of military discharge as a requirement for the electoral enlistment of indigenous people. It seeks to identify the legislation applicable to electoral enlistment in Brazil, as well as the interpretation that has been given by the Superior Electoral Tribunal - TSE in the case of indigenous voters. The objective was to verify the existence of colonialist social memory in the decisions handed down in relation to indigenous peoples in this sphere of power. By means of bibliographical research and a documentary search for the revision of the legislative and jurisprudential framework, the electoral enlistment as a facet of the political rights of the individual was realized, recognizing them, along with the guarantee of cultural identity, as human rights. For that, a historical panorama was made on the electoral enlistment in Brazil and the treatment conferred on the indigenous person to obtain the voter's title. International human rights treaties have been identified and studied which impose on member states the duty to ensure the participation of citizens in the public affairs of the country without prejudice to the protection of the cultural diversity of their peoples. Multiculturalism and its recognition for the rights of indigenous peoples, including an analysis of multiculturalism as a reaction to the universal conception of human rights, culture and the cultural identity of indigenous peoples, were also studied. of comparative law, of precedents of the Constitutional Court of Colombia that assure the voluntary character of the military service to natives. Finally, it was a question of cultural identity and its relation to the discharge of military obligations and the exercise of political rights by the indigenous people, and it was concluded that in the decisions of the TSE, which require the Indian to discharge military necessity as a requirement to enlist as voter there is, albeit occultly, legal subordination and coloniality, imposing on the indigenous, often with the rhetoric of recognition, the subjection to a pattern of behavior proper to the national society. Thus, it can be seen that even the official legal order, which has legislators, managers and magistrates as operators, is marked by the coloniality of power with the prevalence of preconceptions and Western values that, being hegemonic, impede the effective respect and assurance of indigenous rights as a category of human rights. As final product, he proposed the direct action of unconstitutionality (ADI) by one of the legitimates of art. 2 of Law 9,868 / 1999, in order to provoke the STF to confer interpretation according to the Constitution, without reduction of text, to art. 44, item II, of Law No. 4,737 / 1965 (Electoral Code), in order to eliminate the requirement of military discharge for the electoral enlistment of indigenous people, with the consequent declaration of unconstitutionality of TSE Resolution No. 20806 of May 15, 2001, ratified by the decision issued by the TSE in PA 1919-30.2014.6.00.0000, through which the Electoral Justice conditions the electoral enlistment of indigenous men, in times of peace, to the presentation of the certificate of military discharge.

MEMBROS DA BANCA:
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Externo à Instituição - MARCELO WEICK POGLIESE - UFPB
Presidente - 972.075.787-68 - VANIA SICILIANO AIETA - PUC - SP