Banca de QUALIFICAÇÃO: Leonilson Rocha dos Santos

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Leonilson Rocha dos Santos
DATE: 18/10/2024
TIME: 10:00
LOCAL: AUDITÓRIO MIROSLAV - FACULDADE DE DIREITO - UnB
TITLE:

CATEGORIES OF SUBJECTION IN THE CONSTRUCTION PROCESS OF INDIGENOUS SOCIETIES AS SUBJECTS – CHALLENGES FOR THINKING ABOUT INSURGENT INDIGENOUS CONSTITUTIONALITIES IN BRAZIL

KEY WORDS:

Conditions for being recognized; indigenous societies; Frameworks; intelligibility schemes; toriumnormativity; chrononormativity; alternativenormativity

PAGES: 70
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The legal debate on the indigenous issue is both relevant and urgent, especially in light of the frequent attacks and attempts to impose rigid limits on the conditions for the recognition and realization of these societies' constitutional rights. This work examines how the recognition of indigenous societies in Brazil, as outlined in the 1988 Constitution, is conditioned by categories of subjection that involve spatialities, temporalities, and relationalities. The objective is to understand how these categories, in shaping the formation of subjects, have been contested to restrict the full recognition of rights, turning the legal debate into an instrument of control and exclusion. Drawing on Judith Butler's thoughts on recognition and subject formation, we will investigate how schemes of intelligibility articulate norms of the condition of being recognized to create frameworks that determine the appearance of certain lives as worthy of protection, while others are not, precisely because they are not fully "lives" according to these norms. When we think about disputes over recognition in the public arena, we can question, based on the judicial processes that will be the empirical scope of analysis in this work, which subject of recognition is being shaped and assumed by the State in the discussion of indigenous rights. The first category of subjection, called "toriumnormativity," involves how indigenous territories are treated as reified spaces, where indigenous societies are confined to specific geographies, restricting their actions and visibility outside these areas. The recognition of indigenous territorial rights has been conditioned by these spatial limitations, which reinforce stereotypes and social hierarchies. In the category called "chrononormativity," which discusses the imposition of linear, static, and exclusive temporalities, we will explore how efforts are made to frame indigenous peoples by affirming an image of "primitivism," either condemning them to a future of disappearance or portraying them as potential bearers of the future, but not through full participation, rather through limited involvement. This analysis will demonstrate how chrononormativity imposes a singular temporality, obscuring the diverse temporalities experienced by indigenous peoples. In the field of intersubjective relations, we will critique "alternormativity," which refers to how the State shapes its relationships with the cultural differences of indigenous peoples within fixed normative parameters. This alternormativity limits indigenous autonomy, as the recognition of these societies is conditioned by external standards that reinforce stereotypes and subjugate their cultural practices. We argue that the recognition offered by the State often results in subjection and control rather than emancipation. Based on these analyses, we propose a critical perspective on the terms in which indigenous recognition has been offered, highlighting the need to shift normative frameworks that limit these societies' agency. Our aim is to expose the constraints of these norms and consider pathways toward a more inclusive indigenous constitutionalism, where indigenous societies can be recognized in their plurality and autonomy.

COMMITTEE MEMBERS:
Externo à Instituição - CLAUDIO LOPES MAIA - UFCAT
Presidente - 1640199 - DOUGLAS ANTONIO ROCHA PINHEIRO
Interno - 1863338 - EVANDRO CHARLES PIZA DUARTE