Traditional peoples and communities in Brazil: the work of the anthropologist, political regression and the threat to rights (original) (raw)
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2020
https://online.unisc.br/seer/index.php/direito/index ISSN on-line: 1982-9957 Abstract: The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are the obstacles to the effectiveness of the land rights of indigenous peoples in Brazil. Thus, the sustained hypothesis is that: in the face of the regulation-ineffectiveness paradox, obstacles to the realization of the land rights are hidden under legal instruments bound to a desired social inefficiency. The method used in the present research is qualitative in nature, it was used bibliography specialized in the subject, besides texts and legal norms. It is concluded that the permanence of certain social and cultural legal mechanisms that hinder the realization of the right to land reveals the construction of an intended paradox between positivation and ineffectiveness of the indigenous peoples' territorial rights. Resumo: O direito a terra dos povos indígenas, apesar de garantido na Constituição Federal brasileira de 1988 e em diversos documentos internacionais de direitos humanos, encontra-se desguarnecido de sua efetiva realização. Nesse sentido, o objetivo do presente artigo é analisar de onde surgem e quais são alguns dos obstáculos à efetividade do direito a terra dos povos indígenas no Brasil. Assim, a hipótese sustentada é a de que: diante do paradoxo positivação-inefetividade, alguns dos obstáculos à realização do direito a terra estão encobertos sob instrumentos jurídicos fadados a uma ineficácia social pretendida. O método aplicado na presente pesquisa é de caráter qualitativo, sendo utilizada bibliografia especializada na temática, além de textos e normas legais. Conclui-se que a permanência de certos mecanismos jurídicos sociais e culturais postos como óbice à realização do direito a terra revela a construção de um paradoxo pretendido entre positivação e inefetividade do direito territorial dos povos indígenas. Palavras-chave: Direito a terra. Povos indígenas. Direitos humanos.
Indigenous peoples in Brazil: obstacles to the realization of the land right
2020
The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are the obstacles to the effectiveness of the land rights of indigenous peoples in Brazil. Thus, the sustained hypothesis is that: in the face of the regulation-ineffectiveness paradox, obstacles to the realization of the land rights are hidden under legal instruments bound to a desired social inefficiency. The method used in the present research is qualitative in nature, it was used bibliography specialized in the subject, besides texts and legal norms. It is concluded that the permanence of certain social and cultural legal mechanisms that hinder the realization of the right to land reveals the construction of an intended paradox between positivation and ineffectiveness of the indigenous pe...
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The indigenous peoples’ strugglО Пor thОir political and land rights is an acute problem for modern Brazil. Although Brazil became democratic in 1985, some remnants of the militarв rОgimО’s assimilation policв still persist. The main reason for that is a strong government’s aspiration Пor thО Оconomic dОvОlopmОnt in the Brazilian north rich in natural resources, where the major part of the indigenous population lives. Before the elections the politicians are looking for support among farmers, businessmen and extractive industry companies. With the adoption of the 1988 Constitution the Indigenous movement activated, gained the allies such as international right organizations, local lawyers and pro-indigenous non-state organizations. They helped Indians to achieve certain success and introduced them into politics. The Indians understood the governmental policy and took part in taking decisions. That was a significant achievement, however, plenty of questions still remain unresolved and some projects got stuck.