A judicialização dos direitos territoriais indígenas e a litigância socioambiental: Uma análise dos processos judiciais do TRF1 e a demora da demarcação das terras indígenas

Abstract

The delay in the demarcation of indigenous lands is a problem that has spread for decades in Brazilian history, harming several peoples, who see their traditionally occupied lands being exploited in an increasingly predatory manner, thus seeking judicial protection to guarantee their rights. In the meantime, the present dissertation has the general objective of studying judicialization as a way to remedy the delay in the demarcation of indigenous lands in the Federal Regional Court of the 1st Region and its legal effectiveness regarding the guarantee of indigenous territorial rights. The specific objectives outlined are a) to present indigenous territorial rights, their historical context from their constitutional protection, Brazilian and international regulations; b) present the current legislation on indigenous lands and the procedure for demarcating indigenous lands in Brazil based on national doctrinal concepts; c) present the problem of administrative slowness in the demarcation processes and the violation of the reasonable duration of the process with the discussion on the causes and consequences of this problem; d) analyze judicialization as a means of solving the delay in the demarcation of the indigenous land, based on the analysis of the judgments related to this matter are in the TRF-1. The research methodology is a mixed research based on the multiple case study techniques using a qualitative approach, in which the bibliographical and documental survey will be done. Doctrine based on the indigenous theme was used as a source to address the problem in question, together with the historical trajectory of the Brazilian indigenist policy, current aspects of indigenous territorial rights and the problem of administrative slowness. In addition, there was a consultation with the records of the TRF1 lawsuits that were compatible with the objective of the study. Obtaining as main conclusion that even if the judicialization of the delay in the demarcation of indigenous lands with the denunciation of the omission of the Public Power can be a skillful way to obtain a positive legal effect on the problem, since the position adopted by the TRF1 is favorable to the rights of the indigenous peoples, there are still structural obstacles to be faced for the effective guarantee of the demarcation of indigenous lands in a timely manner.