"INDIGENOUS TERRITORIAL SELF-DEMARCATION: an analysis of the path taken by the Munduruku people in view of the abandonment of demarcations".
Self-demarcation; indigenous; pluralism; resistance; self determination; Right Found on the Street
As a result of the intense expansion of social movements, the Federal Constitution of 1988 included several advances regarding the recognition and guarantee of the territorial rights of Indigenous peoples. However, what has transpired over the years following the promulgation of the Constitutional Letter is an accelerated process of undermining the constitutional goals. This was done either through legislative acts, or through jurisprudential interpretation, which has been operating in favor of concentrating land as private property, causing the displacement of Indigenous peoples. Such successive and systematic violations of the fundamental right of Indigenous peoples to their territories has penetrated a Brazilian State consumed by anti-Indigenous interests and which continually blocks demarcations and autonomous manifestations of these groups. These are self-demarcations, such as the one undertaken by the Munduruku in the Sawré Muybu Indigenous Land (Daje Kapap E'Ipi). Based on this case, this dissertation proposes some possible clues that point to the interpellation of the state legal monism and the enunciation of rights from these direct actions. To this end, legal pluralism, the right to resistance, the principle of self-determination of peoples and the Right Found on the Street are used. The methodological approach includes normative and content analysis of documents related to the case of the Sawré Muybu Indigenous Land, notably the letters published by the Munduruku people.