A tutela jurídica das terras indígenas e o direito à autodeterminação dos povos tradicionais : o caso dos Kanelas do Araguaia

Abstract

Considering the great insecurity present in the Lower Araguaia region due to the delay in the demarcation of indigenous lands and the traditional peoples that are there, the objective is to understand the importance, for indigenous communities, of the demarcation of the territory they occupy and use for your survival. Thus, by means of the deductive method, we proceed to the analysis of the historical aspects and the evolution in the treatment of indigenous rights by the Brazilian Constitutions, besides the study of the constitutional and infraconstitutional provisions of indigenous territorial rights, the application of the Right to Self-Determination and the self-declared use by the self-declared ethnic Kanela of Araguaia. Thus, it is observed that only the provision of indigenous territorial rights in the Constitution is not sufficient for the protection and effective exercise of these rights, because the public power is silent on the demarcation process. In the case of Kanelas do Araguaia, this self-declared ethnicity possibly does not meet the requirements for demarcation, however, only the process can attest to the presence, or not, of the law, which, to date, has not occurred, generating great instability and conflict regional.