Comments: Luciana Gonçalves de Carvalho (Federal University of West  Pará - UFOPA) and  Maria Augusta Assirati (Ex-President of  FUNAI, PhD Candidate in the Doctoral Programme "Law, Justice, and Citizenship in the Twenty First Century"  | Moderator: Sara Araújo (CES)
 

Abstract

From an empirical and interdisciplinary dimension, this seminar seeks to translate the legal system’s  stance on the rights of Indigenous Peoples, considering paradigm shift on the  relationship between the State and Indigenous Peoples, established by the Constitution of Federative Republic of Brazil 1988 (CF/88), 25 years ago.

If on the one hand the explicit recognition of indigenous rights to their social organization, customs and traditions, overcame, at least from a legal point of view, the integrationist Indian policy, on the other hand one mustn’t overlook  that indigenous rights are related to a triple dimension: those that are directly produced by indigenous peoples as an expression of their social political and cultural organizations, those who are recognized by the state as part of its legal systematic, and those that appear as product of contact/interaction/confrontation between the first two (Sousa Santos, 1987).

Despite most claims involving indigenous being related to conflicts of territorial collective rights, research in the jurisprudence of the Supreme Court (STF), the Superior Court of Justice (STJ), the Federal Court of the 1st Region (TRF1) and State Court of Mato Grosso do Sul (counties of Dourados, Amambaí and Ponta Porã), demonstrates that there is significant use of legal instruments requiring a stance on the extent and limits of indigenous rights, be them social, economic, cultural and/or territorial, rendering the legal system a privileged field for empirical research on the meanings of justice and the realization of the rights of indigenous peoples,  keeping in mind the security paradigms of cultural diversity and legal pluralism

Bio notes

Erika Macedo Moreira -  Professor at the Federal University of Goiás (UFG)
Bachelor of Law. Master in Law and Social Sciences (2007) from Federal Fluminense University/ UFF - RJ. PhD in Law from the University of Brasilia/UNB - DF (2014). Professor at the Faculty of Law of the Federal University of Goiás/ Regional Goiás (2009), coordinates the Observatório Fundiário Goiano (OFUNGO) [Goiás Agrarian Observatory] and also the Post-Graduate Programme (Lato Sensu) Direitos Sociais do Campo - Residência Agrária  [Agrarian Social Rights]

Luciana Gonçalves de Carvalho, PhD Candidate in Anthropology at the Federal University of Rio de Janeiro (UFRJ), Professor at the Federal University of West Pará (UFOPA).

Maria Augusta Assirati, MA in Public Policies at Escola Nacional de Saúde Pública [National School for Public Health]- FIOCRUZ, Ex-President of FUNAI, PhD Candidate in the CES Doctoral Programme "Law, Justice, and Citizenship in the Twenty First Century"