Resistência e judicialização: demarcação de territórios indígenas

Abstract

The present work aims to expose and reflect on the consequences of non- observance of the original rights of indigenous peoples regarding the territorial

issue, better known as the institute of indigenate. It also aims to demonstrate how the current capitalist way of life impacts indigenous territorial issues, mainly on political and judicial decisions that involve the issue of demarcation of indigenous territories. The research hypothesis is based on the legal insecurity experienced by these traditional peoples due to the disorderly advance of capitalism and also in view of the ineffectiveness of the current administrative procedure on the subject, as well as the lack of public policy specifically directed at the demarcation issue. By analyzing the problem from different angles, the research demonstrates that the State and its ties to capital contribute to the ineffectiveness of laws, constitutional provisions and judicial decisions in favor of original peoples, including in an intentional and organized manner, as well as not they systematically seek to create and implement public policies that specifically address the topic.