The judiciary and the demarcation of indigenous lands: the case of Pernambuco

• Autor(a) principal: Maia, Fernando Joaquim Ferreira
• Data de Publicação: 2017
• Outros Autores: Souza Júnior, Gilberto Romeiro de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/12014

Abstract The article deals with the conflicts involving indigenous lands in Pernambuco by the Judiciary. The analysis was made from the decisions in Pernambuco and dealing with conflict processes of indigenous lands. The study employs the concepts of the right of access to land and the placement of judges in resolving conflicts involving indigenous lands. The performance of jurisdiction on matters of indigenous lands is analyzed, and the possible scenarios of these conflicts in the State are investigated. As instrument of research, books and articles of environmental law and rural sociology, on environmental conflicts over land ownership, and the judgments on the conflicts for the right to land in the indigenous communities were used. It argues that the Judiciary acts inconsistent in applying the standard environmental material in conflicts involving indigenous lands. Therefore, indigenous peoples do not find in the Judiciary a favorable field for defence of their rights to the land.Keywords: Judicial review. Land rights. Indigenous. Conflict.