TERRITORIAL CONSTITUTIONAL RIGHTS OF INDIGENOUS PEOPLES AND QUILOMBOLAS IN BRAZIL

Abstract

The territorial rights of indigenous peoples and quilombolas in Brazil have gone through several stages of effectiveness and fulfill an elementary function in the construction of a more just and democratic society. This article analyzes the current status of these rights, highlighting advances, permanences and contradictions in the Brazilian legal and political system. From an interdisciplinary approach, which unites concepts of Constitutional Law, Human Rights, Anthropology and History, the normative and constitutional bases of these rights are investigated, as well as the impact of political and social pressures on their guarantee. In addition, institutional initiatives aimed at the protection of these rights are examined, with a focus on promoting social justice and the recognition of cultural diversity. Through a qualitative methodology, based on bibliographic and documentary research, this study aims to contribute to a deeper understanding of the transformations of the territorial rights of these communities. The results denote that the demarcation and regularization of indigenous and quilombola lands face significant obstacles, with political and social obstacles. Despite institutional initiatives, obstacles persist, compromising the realization of these rights and the promotion of social justice.

DOI:https://doi.org/10.56238/sevened2024.031-013