Immaterial aspects of civil liability in the violation of the rights of traditional peoples and communities

Análise Interamericana e Propostas Reparatórias para o Brasil

Abstract

His article addresses non-pecuniary damages to Indigenous peoples, emphasizing that the protection of human dignity is fundamental to recognizing Indigenous citizens and their environmental connections. The topic is crucial for understanding traditional communities that live in contrast to the capitalist social model. The isolated lives of Indigenous peoples are asymmetrical in relation to the urban environment, being essentially sustained by natural resources. The article aims to demonstrate that environmental damage and the invasion of Indigenous territories not only violate territorial heritage but also impact the cultural, religious, familial, and millennia-old wisdom structures of these communities. Using the hypothetical-deductive method, based on a bibliographic review and an analysis of court decisions, the article elucidates that the environment represents an invaluable asset for the development and preservation of Indigenous peoples’ distinct characteristics. The text highlights the importance of ensuring reparations for non-pecuniary damages suffered by Indigenous peoples, preserving the intangible aspects essential to their culture and way of life. It stresses that the democratic rule of law must enforce national and international legislation to guarantee the environmental quality of these communities, recognizing their ancestral knowledge of cultivation, ecological management, and genetic heritage—often overlooked by Western society.