This study discusses the possibilities of inclusion the indigenous children
in the juridical field of Human Rights. From the criticism of the way in which the
childhood is constituted in the West and the perception of different conditions of
social construction of the person, body and childhood among indigenous peoples, it
produces indicative of problematization of the agenda of intercultural human rights
in order to signal the relevance of the category person as the functional equivalent in
intercultural dialogue to support of axiological inversion of indigenous children for
children indigenous and possible repercussions of their rights. Afterwards, analysis
of the political philosophies that ground the administration and the rights of
children, with special highlight to the questioning of the limits of the Doctrine of
Integral Protection regarding the treatment of cultural diversity, and propose
complementary political philosophy called Doctrine of Plural Protection, founded on
the principle of self-determination of the indigenous peoples and the values of
equality, difference and protagonism. Discuss the trajectory of insertion of the debate
about indigenous children in the Child and Adolescent Statutes (Law No.
8.069/1990), with specific considerations for Draft Bill No 295/2009, which seek to
reflect on critical themes little discussed in the perspective of indigenous peoples and
expansion necessary for children from the traditional peoples and communities.
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