Indigenous peoples in Brazil: obstacles to the realization of the land right
The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are...
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Universidade de Santa Cruz do Sul
2021
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oai:doaj.org-article:697ecddee3fa46f0aea6d541b2100a682021-11-22T12:04:35ZIndigenous peoples in Brazil: obstacles to the realization of the land right0104-94961982-995710.17058/rdunisc.v3i62.14997https://doaj.org/article/697ecddee3fa46f0aea6d541b2100a682021-04-01T00:00:00Zhttps://online.unisc.br/seer/index.php/direito/article/view/14997https://doaj.org/toc/0104-9496https://doaj.org/toc/1982-9957The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are the obstacles to the effectiveness of the land rights of indigenous peoples in Brazil. Thus, the sustained hypothesis is that: in the face of the regulation-ineffectiveness paradox, obstacles to the realization of the land rights are hidden under legal instruments bound to a desired social inefficiency. The method used in the present research is qualitative in nature, it was used bibliography specialized in the subject, besides texts and legal norms. It is concluded that the permanence of certain social and cultural legal mechanisms that hinder the realization of the right to land reveals the construction of an intended paradox between positivation and ineffectiveness of the indigenous peoples' territorial rights.Fran EspinozaClara Cardoso Machado JaborandyDouglas Oliveira Diniz GonçalvesUniversidade de Santa Cruz do Sularticleland rightindigenous peopleshuman rights.LawKLaw in general. Comparative and uniform law. JurisprudenceK1-7720PTRevista do Direito, Iss 62 (2021) |
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land right indigenous peoples human rights. Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
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land right indigenous peoples human rights. Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Fran Espinoza Clara Cardoso Machado Jaborandy Douglas Oliveira Diniz Gonçalves Indigenous peoples in Brazil: obstacles to the realization of the land right |
description |
The indigenous peoples' land rights are deprived from their effective realization although it is guaranteed in the Brazilian Federal Constitution of 1988 and in several international human rights documents. In this sense, the objective of this article is to analyze where they arise and what are the obstacles to the effectiveness of the land rights of indigenous peoples in Brazil. Thus, the sustained hypothesis is that: in the face of the regulation-ineffectiveness paradox, obstacles to the realization of the land rights are hidden under legal instruments bound to a desired social inefficiency. The method used in the present research is qualitative in nature, it was used bibliography specialized in the subject, besides texts and legal norms. It is concluded that the permanence of certain social and cultural legal mechanisms that hinder the realization of the right to land reveals the construction of an intended paradox between positivation and ineffectiveness of the indigenous peoples' territorial rights. |
format |
article |
author |
Fran Espinoza Clara Cardoso Machado Jaborandy Douglas Oliveira Diniz Gonçalves |
author_facet |
Fran Espinoza Clara Cardoso Machado Jaborandy Douglas Oliveira Diniz Gonçalves |
author_sort |
Fran Espinoza |
title |
Indigenous peoples in Brazil: obstacles to the realization of the land right |
title_short |
Indigenous peoples in Brazil: obstacles to the realization of the land right |
title_full |
Indigenous peoples in Brazil: obstacles to the realization of the land right |
title_fullStr |
Indigenous peoples in Brazil: obstacles to the realization of the land right |
title_full_unstemmed |
Indigenous peoples in Brazil: obstacles to the realization of the land right |
title_sort |
indigenous peoples in brazil: obstacles to the realization of the land right |
publisher |
Universidade de Santa Cruz do Sul |
publishDate |
2021 |
url |
https://doaj.org/article/697ecddee3fa46f0aea6d541b2100a68 |
work_keys_str_mv |
AT franespinoza indigenouspeoplesinbrazilobstaclestotherealizationofthelandright AT claracardosomachadojaborandy indigenouspeoplesinbrazilobstaclestotherealizationofthelandright AT douglasoliveiradinizgoncalves indigenouspeoplesinbrazilobstaclestotherealizationofthelandright |
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1718417738865573888 |