Inconstitucionalidade por omissão e sua relação com o ativismo judicial do STF: na questão de proteção aos povos indígenas na pandemia do Covid-19

Abstract

The health of the indigenous peoples is something that has never been treated with considerable attention. The weakness and difficulties faced by them turned the government into a ray of hope for fair treatment. However, in the course of the Covid-19 pandemic, the neglect in which the current government has treated the indigenous peoples in Brazil has become evident. In a delicate moment, in which there were even more deaths of these indigenous people, the government, is taking advantage of the moment to deny the human rights of these people, issuing a normative instruction allowing the access of non-indigenous people into their demarcated lands for exploitation, besides not providing proper protection for these peoples against the Covid-19 virus. Therefore, The Judicial Activism of the Supreme Court stood out as an effective and necessary measure for the survival of these peoples and their cultures during the pandemic.