Investigação E Análise De Demarcação De Terras Indígenas

Abstract

Analyzing the legal history of Brazil necessarily involves the process of violence against indigenous communities, as well as the occupation and colonization of their lands. With this information, the present work aims to investigate, through the deductive method, how the process of demarcation of indigenous lands can effect the right to demarcated land and whether the demarcation of indigenous lands is efficient to protect the right to territoriality. In view of the information collected throughout the research, it is concluded that there has been little progress in the process of guaranteeing the fundamental right to the demarcated land, despite the Brazilian legal system, especially the Federal Constitution of 1988, contributing to affirm this right, which is extremely important to preserve the life and cultural identity of native and generational peoples to preserve the environment, many obstacles need to be removed to realize this fundamental right, including a persistent omission of public authorities in law enforcement.