The present study sought to analyze the effectiveness of the performance of the
Justice System of the State of Tocantins in relation to the protection of the health of
indigenous populations, from the period of 2012 to 2017. The approach was based
on the cases considered within the scope of the Judiciary Section of the State of
Tocantins and the Office of the Attorney General of the Republic with headquarters in
the capital. From a qualitative and historical-critical methodological approach, the
evolution of the rights granted to indigenous peoples in the Brazilian juridical order,
especially in the constitutional scope, from the period of the Empire until the
promulgation of the 1988 Federal Constitution, an important landmark in the
recognition various fundamental rights of the Indians. The work of the Jesuit
missionaries, who were so present from the colonial period until the proclamation of
the Republic, was of great relevance to the settlement of Brazil and also to establish
contact with the native peoples, although the search by the religious for the
catechization of the Indians has generated great conflicts over those who were
considered hostile, who refused to be evangelized. They arose, due to the resistance
of some indigenous populations to adhere to the civilizational process imposed by
the colonizers, the so-called just wars that decimated thousands of Indians in the
national territory. Also of great importance was the participation of Cândido Rondon
in the process of interaction with indigenous populations when building telegraph
lines in the extreme west of Brazil, since he preached non-violence, in opposition to
existing practices, has even been a strong advocate for the creation of a specific
body for the protection of indigenous issues. In this sense, based on their ideas, the
Indian Protection Service was created, which in the 1970s gave way to the National
Indian Foundation. Specifically in relation to public policies aimed at indigenous
health, the creation of a specific Health Subsystem for the Indians in 1999 was a
great step forward, but it has not yet been able to meet all the needs of these
peoples, who often need to seek the Ministry To guarantee the observance of basic
rights. Analyzing the concrete cases judged extrajudicially by the Federal Public
Prosecutor and judicially by the Federal Court, it was verified that, in a general way,
the Justice System has been effective and rapid in regard to the protection of the
health of the Tocantins' and most situations are resolved without the need to file
lawsuits. However, although an effort has been made by the organs of the Justice
System to provide an effective response in a short period of time to these cases,
there are still some forms of improvement that can be implemented, which were
suggested at the end of this research.
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