[Título em português: Direitos de Consulta dos Povos Indígenas: Pré-requisito Interamericano para a Democracia?]. In: American Political Science Association (APSA) Annual Meeting 2023: Human Rights Session, Los Angeles.]

Abstract: Based on the formalist political perspective, in a pure sense the democracy may be a trap against minorities thanks to the majority rule’s applicability without constitutional devices for protecting them and effective mechanisms of pluralism. In this sense, the failure to protect unpopular groups may be resulted from the legislative’s incapability to face political, economic prevalent forces, in order to facilitate some kind of tyranny of majority to the detriment of the decisional minority, followed by de facto disenfranchisements with notorious consequences against indigenous groups and organizations. Hence, due process rules seem able to provide procedural preconditions for democracy as an ex ante scheme of guaranties for promoting the equitable political participation. In scenarios where the consensus rule and the supermajority rule are separately applicable, for instance, the minority’s veto capability can work as an institutional brake against hostile interests or harmful legislation, which affect vulnerable minorities (e.g., indigenous communities) in an unbalanced political situation.

[Painel de autoria de Ranieri L. Resende]

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