The State and the Rights of Isolated Indigenous Peoples: Lessons From Brazil and Colombia

Introduction: Public policies concerning isolated Indigenous peoples are scarce, as are legal frameworks, with little variation across governments. Objective: This article aims to examine how Brazil and Colombia address the rights of isolated peoples, guided by the question of whether Latin American democracies can reconcile the original right to territory and the right to isolation with democratic principles. The analysis draws on the conceptual framework of socioenvironmental resistance and democratic tensions to situate the discussion. Method: Methodologically, the study employs a qualitative, deductive approach, using the monographic method combined with bibliographic and documentary research to identify official records of isolated Indigenous peoples in both countries and to analyze relevant national and international legal instruments, particularly those concerning territorial protection and self-determination. Results and Discussion: Findings indicate that, despite normative progress in both legal systems, the absence of explicit governmental positions in democratic contexts has intensified threats and violations against isolated Indigenous peoples, revealing the limits of democratic regimes when confronted with socioenvironmental demands. Research Implications: The comparison between the normative frameworks of Brazil and Colombia highlights the persistent vulnerability of isolated peoples and the shortcomings of legal and institutional safeguards. Originality/Value: The originality of this study lies in its focus on isolated Indigenous peoples, a subject often overlooked in socioenvironmental law and human rights scholarship. By contrasting two key Latin American democracies, it contributes to the broader debate on how legal systems can, or cannot, ensure protection for highly vulnerable populations who exercise the right to remain apart from national society.