A (des)construção de instrumentos normativos para a demarcação e proteção de terras indígenas no Brasil

Abstract

The demarcation of indigenous lands is controversial question in the Brazilian reality. Proves to be a clash between the sectors of the arguments against the demarcation Brazilian society and the arguments of indigenous people, constitutionally recognized as holders of an original right to the lands they inhabit. In this debate are apparent antagonistic interests that represent the accumulation of political and social occurred throughout the historical development of the Brazilian nation transformations. From a study of the legal regulation concerning indigenous lands and the relationship between Brazilian society and indigenous peoples structural foundations of the Brazilian state can be identified. Relate to aspects relating to different historical periods, revealing political and economic projects supported in a legal system in constant transformation. In this sense, the conditioning of the legal standards to the hegemonic interests of Brazilian society can expose a normative construction toward the interests of dominant groups, excluding the indigenous peoples of the social pact guarantor of rights. Predominant feature in the construction of the Brazilian nation, the submission of indigenous rights to the limits established by the State results in a process of extinction of most indigenous populations, conditioning remaining a process of integration into society slant the resignation of their indigenous identity. The relation of this normative construction with the historical process of appropriation of indigenous lands reveals legitimized political, economic and social contexts and supported the Brazilian legal system. The evolution of law, with the consolidation of fundamental rights and universal human rights through conventions, declarations and international treaties, reveals a new environment, permeated by decolonization and building a multicultural and democratic society. The Brazilian Constitution, in adopting this position, recognize indigenous rights and the rule determines the demarcation of their lands. Thus, the work seeks to understand the factors that hinder the full realization of this constitutional commandment, analyzing the current aspects of construction rules regarding the demarcation of indigenous lands and the foundations of its historical evolution.