Direitos territoriais indígenas: uma interpretação intercultural

Abstract

The present study aims to examine the trajectory of indigenous lands rights and present a proposal for intercultural interpretation. In order to do so, it is tried to demonstrate the insufficiency of the answers adopted by the multicultural theories and to adopt the interculturality as reference, based on the decolonial theory. Based on this theoretical framework, this study proposes a critique of the treatment of the subject by legislation and constitutional interpretations, marked by the inferiorizing and stigmatizing treatment of the indigenous condition and by the spoliation of its lands. The Constitution of 1988 indicates a new horizon on the subject, but the power of its devices has not yet been recognized, as demonstrated by the prevalence of theories as indigenato and fato indígena. This work concludes, therefore, by the need to apply an intercultural interpretation of indigenous territorial rights, which takes into account three guidelines: equalization of indigenous and private properties, permanent combat to a second-class citizenship and high-intensity indigenous protagonism.