Abstract
Small part of entire Brazil’s national territory is already demarcated as indigenous land. It has been revealed that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court.
Highlights
Like many countries, such as Indonesia, Australia and United States of America, Brazil struggles with the issue of indigenous people’s rights over their immemorial land
Brazilian indigenous people unconsciously contributed to consolidating colonization process
In Brazil’s legal system, indigenous land is demarcated by FUNAI, the Indigenous Council, that is responsible for protecting interests of the indigenous people
Summary
Like many countries, such as Indonesia, Australia and United States of America, Brazil struggles with the issue of indigenous people’s rights over their immemorial land. More than a thousand years before the Portuguese first arrived in Brazil in the 14th century, native people already immemorially inhabited its land. Brazilian indigenous people unconsciously contributed to consolidating colonization process By sharing their knowledge over land and climate with the Portuguese, they helped those foreigners to conquer territory and demarcate new frontiers. With the rise of Age of Enlightenment in the 17th century, the major view towards indigenous people gave place little by little to a new and romanticized image of native tribes. They were seen as pure and capable of living in much more harmony with the environment.. The Brazilian Constitution recognized multiculturalism and expressively protected many indigenous rights, among them tenure over their immemorial land, and the preservation of their culture in their natural habitat
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