Direito à diferença: as estratégias de atenção à saúde indígena à luz do diálogo intercultural

Abstract

This research aimed to analyze how Brazil addresses the supply of health services to indigenous populations through its ordinary administrative structure, verifying the observance of the right to be different. To carry out this work, the chosen method of approach was the dialectical, while the procedure conjugated the historical and monographic methods. First, tensions between universalist and relativist theories that underlie human rights were studied, in order to reach the doctrines that guide a mutual relativization, proceeding an intercultural dialogue from the legal and cultural pluralism. It was found that this evolution influenced the whole framework of international instruments on the human rights, which began to adopt specific provisions regarding protection of the right to be different, emphasizing healthcare. Subsequently, a brief history of the indigenous health treatment in Brazil was performed, entering the comprehension of the present situation. On this, the progress made with the creation of an Indigenous Healthcare subsystem and the protagonism shouldered by minorities (dialogue) was demonstrated, showing the influence of jusphilosophic debates and international instruments. Finally, differences between the Indigenous Healthcare subsystem and the administrative precepts of Brazil‟s Basic Health System were analyzed. At this point, gaps that indicate the need for continuous improvement of state strategies related to indigenous health were identified by the analysis of actual cases.