ALDEAR A POLÍTICA

representação indígena para destituição da colonialidade do poder

Abstract

ABSTRACT: From the context of Latin American transformative constitutionalism, this research aims to explore the field of Indigenous peoples' representation and the judicial policies of the Brazilian Electoral Justice. It questions to what extent the judicial policy established by TSE Consultation n. 0600222-07.2023 has the potential to expand Indigenous political representation in Brazil. To answer the research problem (general objective), specific objectives were developed: a) to understand the key concepts of the research; b) to describing TSE Consultation n. 0600222-07.2023 a judicial policy; c) to examine the effects of coloniality on the structure of Brazilian political representation, focusing on the exclusion of indigenous peoples. The adopted methodology follows a qualitative approach, with a socio-legal perspective and hypothetical-deductive reasoning. It uses documentary research based on an exploratory case study data collection technique. The final climitationsons present the idea that transformative constitutionalism can be a tool against the historical exclusion of Indigenous peoples, and that TSE Consultation n. 0600222-07.2023 is a symbolic step forward due to the structural limitation of the Judiciary to effectively implement redistribution and recognition policies. It concludes that overcoming indigenous underrepresentation requires integrated public actions and not just specific judicial decisions.

Keywords: transformative constitutionalism; representativeness; indigenous peoples.