Indigenous Land Rights in Brazil

One of the most notable features of the contemporary Brazilian constitutional law has been to establish a new paradigm to protect indigenous human rights. The Federal Constitution of 1988 has recognized indigenous cultural and land rights. This paper aims to delimitate and discuss the most polemic a...

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Bibliographic Details
Published in:Verfassung und Recht in Übersee 2011-01, Vol.44 (3), p.364-380
Main Authors: D'avila Lopes, Ana Maria, Barreto Lima, Martonio Mont'alverne
Format: Article
Language:ger
Subjects:
Brazil
Constitutional Law
Constitutions
Human Rights
Land
Legal Cases
Supreme Courts
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Summary:One of the most notable features of the contemporary Brazilian constitutional law has been to establish a new paradigm to protect indigenous human rights. The Federal Constitution of 1988 has recognized indigenous cultural and land rights. This paper aims to delimitate and discuss the most polemic aspects of land rights. Therefore, the Raposa Serra do Sol case, decided by the Federal Supreme Court on December 2009, will be analyzed. That decision is taken as the Brazilian leading case about demarcation of Indian reservations and is expected to serve as a precedent for the other 227 cases in process. Adapted from the source document.
ISSN:0506-7286