Terra indígena: tratamento conferido pela Constituição da República Federativa do Brasil de 1988

• Autor(a) principal: Burato, Camila Teixeira
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5615
• topic: Constituição Federal de 1988; População indígena; Território; Índios

The present course conclusion paper has as its theme "the treatment of indigenous land in the constitution of the federative republic of brazil of 1988". The issue involving indigenous rights, mainly indigenous land rights, has been discussed with the Brazilian political-legal field since the colonial period. A problematic part of an idea of historical and anthropological studies, viewed the content of the evolution of norms is a point that offers the openness of research. In this direction, through clinical and normative studies, the study aimed to analyze the Brazilian constitutional legislation, with the purpose of verifying the supremacy of this right ensured in the Federal Constitution of 1988. The method of approach used was deductive, starting from an analysis of general assumptions, reaching particular assumptions. The research level, proceeded by the descriptive methodology, being used only analysis of law and doctrine. Regarding the procedure, the bibliographic research was used. It is concluded that although indigenous property rights are a recognized reality within the constitutional text, their actual availability is limited in practice, this is the result. That extends to the fundamental point that land for indigenous people is a matter of survival and that the right to land enshrines the substantial idea of life for these people.