Banca de QUALIFICAÇÃO: Manoel Batista do Prado Junior

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Manoel Batista do Prado Junior
DATE: 05/01/2024
TIME: 09:00
LOCAL: SALA DE VIDEOCONFERÊNCIA - FACULDADE DE DIREITO - UnB
TITLE:

Constitution, ownership and frontier: The idea of indigenous ownership in Brazilian constitutional history from RE 44.585/STF (1934-1967)

KEY WORDS:

Ownership; Indigenous lands; frontiers

PAGES: 130
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The thesis addresses the intersection between the category of indigenous ownership constructed between 1934 and 1967 and the temporal acceleration of borders in this period, following the judgment of Extraordinary Appeal No. 44,585 by the Federal Supreme Court in 1961, which referred to the case of Law No. 1,077 of 1958 which, approved by the state of Mato Grosso, reduced the limits of the land recognized for the Kadiwéu people, in the south of that state. The newspapers reported the climate of tension in the area and a series of titles requested by individuals from the State Land Department in the days following the approval of the rule. Tutored by the State, the Kadiwéu depended on its actions to defend their lands. The SPI filed a writ of mandamus in which it argued the unconstitutionality of the law, which was subject to consideration twice by the STF: in 1958, the court analyzed a conflict of jurisdiction recognized by the state court and, in 1961, an extraordinary appeal filed against the Court of Justice ruling, which had granted security to the SPI and declared the State Law unconstitutional. The dispute over the ownership of lands guaranteed to the Kadiwéu at the end of the 19th century was permeated by a context of debates about the category of indigenous ownership, projects for indigenism, the growing role of anthropology in indigenous issues in the context of inter-American indigenism after the second world war and the translation of its recognition into constitutional law, influenced by the unprecedented acceleration of colonization borders towards Central Brazil. The case exposes the tension between indigenous possession and the frontier in this period of Brazilian constitutional history, the delineation of the concept of indigenous land and its property. Its analysis contributes to reflection on the limitations of legal mechanisms aimed at resolving land conflicts over these territories. Inserting the case into Brazilian constitutional history, the research seeks to contribute to the topic from a historiographical perspective of law and concludes by crossing the relationship between time, constitution and space in the concept of indigenous land.

COMMITTEE MEMBERS:
Externa à Instituição - CLAUDIA PAIVA CARVALHO - UFRJ
Presidente - 2300296 - CRISTIANO OTAVIO PAIXAO ARAUJO PINTO
Externo ao Programa - 6400804 - HENYO TRINDADE BARRETTO FILHO - nullInterna - 1021564 - MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE