Demarcação de terras indígenas: aspectos jurídicos e políticos do caso Raposa Serra do Sol

Abstract

The present work aims to make a case study of the Raposa Serra do Sol, aiming to investigate the social cause which led to the creation of legal rules regarding the demarcation of indigenous lands and social repercussions arising, thus establishing a relationship between social reality and the set of legal rules. The analyzes of the work are based on theoretical research. Through a literature review, we intend to discuss the treatment given by the State to indigenous rights and demonstrate the importance of the recognition of legal pluralism to guarantee the ethnic diversity in the country. To elucidate said plurality, has as a case study the Raposa Serra do Sol The Constituição da República Federativa do Brasil de 1988 granted to the indigenous the right to the lands traditionally occupied and established criteria for the demarcation of indigenous lands. Still, conflicts marked by the dispute of land tenure resulted in numerous lawsuits. The trial of the Raposa Serra do Sol by the Supreme Court became a major benchmark in what it comes to the rights of indigenous peoples, and revealed that discussions have put in question the principles and values hitherto invigorating, putting in evidence the commitment of the Federal Constitution give effect to the rights of indigenous peoples.