Violão de direitos humanos e a ausência de demarcação de territórios indígenas no Brasil

Abstract

This thesis was developed on the thematic axis “Demarcation of indigenous territories in Brazil and the violation of human rights and fundamental guarantees of indigenous peoples to have their territories demarcated by the Federal Government, with emphasis on the process of titling the indigenous territory of the Mura People”. Thus, the main objective of this thesis was to analyze acts of the Federal Executive Branch with possible violations of human rights and the demarcation of indigenous territories in Brazil. In this sense, in order to unravel the problem, we investigated the extent to which the actions of the Federal Executive Branch, considering the period between 2019 and 2022, used possible actions or omissions in order to prevent the realization of the right to demarcation of indigenous territories in Brazil and possible human rights violations of the peoples impacted, with reflections on the process of titling the indigenous territory of the Mura People. As for the type of research, it was essentially bibliographical research, with documentary analysis supported by critical legal theory. This thesis also deals with the historical aspects and worldview of the conceptions of indigenous territory, as well as demarcation procedures and acts of the federal government with possible indigenous anti-politics, capitalism and the commodification of indigenous territories. It also deals with the constitutional duty of Brazil's three branches of government to demarcate indigenous territories, with an analysis of the time frame. Based on the results analyzed, it was highlighted that there were possible acts by the Federal Government between 2019 and 2022 that created obstacles to the demarcation of indigenous territories in Brazil in the face of indigenous anti-politics during this period. In addition, it was found that there are a considerable number of indigenous territories without any demarcation measures and no reference by the government to their existence, despite the constant written and verbal demands of indigenous peoples for the realization of these constitutional rights.