ABSTRACT
This conjuncture note aims to record historically the context of proposition of the Argument of Noncompliance with Fundamental Precept 709, the first action within the scope of the Federal Supreme Court led by an indigenous organization, the Articulation of Indigenous Peoples of Brazil, in the context of the COVID-19 pandemic. In this text, we present the mobilization of groups of researchers in indigenous health articulated with indigenous leaderships and indigenous movements who denounced the vulnerability and severe impacts of COVID-19 on indigenous peoples and the weaknesses of the federal government’s response. We highlight the work of researchers from the Indigenous Health Thematic Group of the Brazilian Association of Collective Health and the Fundação Oswaldo Cruz, who constituted a group of experts to support the decisions of Minister Luís Roberto Barroso within the scope of the Argument of Noncompliance with Fundamental Precept 709. We summarize the vast procedural record of the proposition of this non-compliance allegation, which presents evidence on the weaknesses of government planning and response during the critical period of the pandemic. In a context of health crisis and violation of rights, the indigenous movement valued science and enhanced the incidence of researchers for their resistance and struggle for the right to health.
Keywords:
judicialization of health; indigenous health; indigenous peoples; covid-19; social participation