Name/Title
Direitos dos Povos Indígenas em DisputaDescription
This book focuses on the landmark 1988 Constitution for indigenous territorial rights. The Constitution was certainly a landmark in that it recognized indigenous peoples as bearers of ways of life with a right to a future, no longer as remnants of the past on the verge of extinction. Increasingly, the Judiciary, starting with the Supreme Federal Court, has also reinterpreted the Constitution as a specific landmark, the so-called temporal landmark. However, this interpretation, paradoxically, prohibits the right to a future for many peoples. The criticism of recent judicial interpretations unifies the contributions of this book. The list provided here is not exhaustive. It serves as an indication of the various challenges to making the Constitution a reality. For this, the Judiciary is one of the arenas. The scope of this book focuses precisely on the most recent jurisprudence on indigenous territorial rights. Talking about the right to a future for indigenous peoples is not the candid formulation that hangs in the air. Rather, it is a normative project anchored in long-standing indigenous resistance and relies on the current vitality of many local, regional and national indigenous associations.Book Details
Author
Manuela Carneiro da Cunha