The Raposa-Serra do Sol Reservation in Brazil: indigenous peoples, sustainable development and the balancing of constitutional rights


This work critically evaluates the demarcation procedure of indigenous lands in Brazil, in light of practical cases such as the Supreme Federal Court’s decision on the Raposa-Serra do Sol reservation. By comparing the decisions and measures adopted by various federal agencies and courts, the text highlights some of the difficulties faced by the relevant actors in this process. Particular attention is given to the limitations of the legal framework and the concept of indigenato, as well as to the serious practical consequences of the demarcation to citizens in affected areas. The rights of the actors involved are analyzed according to the constitutional protection granted to them, with emphasis on legal security, due process of law and property rights, pointing out the inconsistencies of the procedure currently in force.

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