ILO Convention 169, Traditional Communities, and the Federal Supreme Court: Consolidating Human Rights

Abstract

Twenty-eight traditional peoples and communities were recognized under Brazil’s National Policy for the Sustainable Development of Traditional Peoples and Communities. Notwithstanding such recognition, they continue to face significant challenges in exercising their human rights. Against this backdrop, this research aims to examine how the Federal Supreme Court (STF) has applied the rights enshrined in International Labour Organization (ILO) Convention No. 169, particularly the right to Free, Prior, and Informed Consent (FPIC), to non-indigenous traditional communities such as quilombolas and fundo and fecho de pasto communities. Although the STF has acknowledged the supralegal status of international human rights treaties, its case law remains predominantly focused on indigenous peoples. The methodology employed is bibliographic and documentary, grounded in 3 STF case law. The findings indicate that recent decisions— in Direct Actions of Unconstitutionality (ADIs) Nos. 3239, 4269, and 5783—signal a progressive recognition of FPIC and territorial rights for these communities. It is therefore concluded that consolidating the rights provided for in ILO Convention No. 169, beyond the indigenous peoples, is essential to the realization of socio-environmental and ethno-racial justice within the Brazilian State.