O processo de ecologização como obstáculo para a construção das sociedades indígenas enquanto sujeitos de direito

• Autor(a) principal: Santos, Leonilson Rocha dos
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/7886
• topic: Ecologização; Terra indígena; Sujeito de direito; Colonialidade ecologization; Indigenous land; Subjects of right; Coloniality; CIENCIAS SOCIAIS APLICADAS::DIREITO

Search to understand how the process of social greening interfere in the construction of indigenous peoples as subjects of law. Greening of indigenous societies in Brazil occurred in two perspectives. The first is the joint strategies between the indigenous movement and environmentalists in order to promote greater visibility for both, whereas the second is the gestation of a given identity to indigenous societies that assigns certain preservationists features that allows us to treatment them as major ecological agents in modernity. In the academic context, discussions on indigenous issues centered their arguments on the environmental aspect to justify the demarcation of indigenous lands, trying to propose strategies to harmonize the demarcations and ecological preservation in Brazil. This happens without questioning the assumptions that perfect relationship produced between Indian and nature. To understand this process, we began to discuss the concept of coloniality, as a global standard for the imposition of power that organized society from a social classification, which allowed distinguish colonized and colonizers, civilized and wild, among others. On the other hand, our efforts are to analyze to what extent the concepts built from a colonial Eurocentric rationality, still guided discussions on indigenous rights currently mainly for the production of connections that allow give indigenous companies with a preservationist character, which, in turn, went on to justify the demarcation of their lands. Coloniality entails another movement called descolonialidade. Therefore, we aimed to discuss the possibility of production of indigenous societies effectively as autonomous and self-determined subject, overcoming Eurocentric paradigm of modern rationality, which historically subjugate. Finally, we conducted a survey of case of judicialized processes on conflicts over indigenous land demarcations to analyze how the process of greening and its implications build indigenous law from the judiciary. We realize that the notion of culture works in the judiciary, it enables resurface the assimilationist perspective to guide the issue of indigenous land rights.