CANÇADO TRINDADE’S CONTRIBUTIONS TO THE DEVELOPMENT OF INDIGENOUS RIGHTS - DOI: 10.12818/P.0304-2340.2022v81p213

Abstract

The article analyzes the contributions of the jurist Cançado Trindade to the consolidation of indigenous rights at the Inter-American Court of Human Rights. To achieve the proposed aim, all the decisions in which the eminent judge issued a separate opinion on indigenous cases decided during the period in which he was a member of the Inter-American Court of Human Rights (1994 to 2008) are analyzed. The method is a qualitative research based on primary sources, identified by consulting the website of the Inter-American Court of Human Rights. Five central categories of contributions were established: procedural rights, right to a dignified life, land protection, post-mortem rights, and cultural identity. In the end, we conclude by analyzing how the considerations in separate votes influenced the construction of one of the most important normative developments of the Inter-American Court, the construction of indigenous rights.