Assessing the Application of Consultation and Indigenous Peoples’ Protocols

The number of legal claims and legislation undertaken without due consultation reveals the lack of efficacy of the requirement in the Brazilian state, as seen in the last chapter. The issue impedes the application of the ILO Convention No. 169 and the body of the IAHRS System, having serious repercussions including as regards the self-determination and cultural rights of indigenous peoples, but also for collective rights, equality and development. The limited comprehension of consultation generates legal instability with respect to traditional communities in Brazil. Thus, questions remain regarding the capacity of Brazil to successfully guarantee the efficacy of indigenous peoples’ consultation.