DANO ESPIRITUAL E O SEPULTAMENTO DE INDÍGENAS YANOMAMI NA PANDEMIA DO COVID-19

Abstract

Indigenous and tribal peoples have suffered, over the centuries, the most varied forms of oppression and violence, which have been accentuated in the context of the COVID-19 pandemic. It is intended to investigate if the burial of Yanomami indigenous, during the COVID-19 pandemic, due to the omission of the Public Power in the elaboration of protocols that dialogue with their culture, configured spiritual damage. In order to do so, the civil liability of the State for human rights violations and the concept of spiritual damage was analyzed, based on the case Moiwana v. Suriname, and its normative basis. It was found that the institute of spiritual damage emerges, in the jurisprudence of the Inter-American Court of Human Rights, with the aim of protecting the spirituality of the living and the dead, from an intercultural perspective and abandoning monistic and essentially Western perspectives of human rights. Therefore, the theoretical part will be developed observing the deductive method, based on dogmatic research in books, scientific articles, dissertations, reports and various contents available in libraries and on electronic sites. Finally, it was possible to conclude that the events that happened with the members of the Yanomami ethnic group, who were buried in ignorance of their culture, constitute a hypothesis of spiritual damage.