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Prolegómenos

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Abstract

GOMES PIVA, Bruno  and  LOZER PATRICIO, Mariza Giacomin. MATERIAL CONFLICT OF INDIGENOUS OWNERSHIP RIGHTS. Prolegómenos [online]. 2017, vol.20, n.39, pp.55-71. ISSN 0121-182X.  http://dx.doi.org/10.18359/prole.2723.

Indigenous land boundaries have caused great repercussions in Brazilian history. The main objective of this research is to seek to understand the reasons of disputes regarding the boundaries of indigenous property rights in the process of demarcation of its territory. The problem lies in the need to understand what must prevail before such conflicts, if property rights guaranteed in article 5 of the Federal Constitution of 1988 or the right to the lands traditionally occupied provided in article 231 of the same constitutional text. The methodology adopted was the exploratory-descriptive and tried to propose possible solutions to remedy the problem presented. At the end, it will be perceived that indigenous people are hardly usufructuaries, and besides, that the existing conflicts between the demarcation of indigenous territories and the private properties can be originated from fake anthropological studies, with the aim of widening indigenous territories unfairly.

Keywords : Conflicts; property rights; general public; indigenous people.

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