The justification of the CEP-Conep Protection System in face of the main challenges of research with indigenous people: an analysis based on the jusphilosophy of Miguel Reale

Abstract

One of the most important chapters in the protection of the research subject's dignity is found in the legislation that protects indigenous populations. The reason is that this group is vulnerable and can be harmed in various ways, including when they do not correctly understand the purpose of the research they participate in. The article presents examples of violations of researchers' ethical commitment to Indigenous people and comments on why the procedures used should be avoided. This is a moral problem that applies to normative and theoretical discussions against the backdrop of Miguel Reale's jusphilosophy. Ethical reference is fundamental in
these cases as a rational safeguard for procedures used in scientific research. The article is interested secondarily in the ecological implications, a current and relevant topic in the face of climate change. The theoretical justification for ethical procedures was based on Miguel Reale's notions of personal dignity and culture. For him, human life is the supreme value to be ensured by legal instruments, and the notion of culture as an expression of value is linked to the man himself who presents himself as the being that is characterized by the possibilities contemplated in his duty-to-be, that is, because it is an entity that is guided by culturally established values, being the creator and creature of culture.