O direito de propriedade e os direitos originários dos índios sobre as terras tradicionalmente ocupadas no estado de Mato Grosso

Abstract

The theme that compares property rights and rights originating from the indians about the land they traditionally occupy, seeking a historical and interpretative analysis of each of them in order to understand the real intention of the lawgiver and the current adjustment Constitutional and infra constitutional regarding these topics. The work begin with the historical and the political analysis of the laws seeking for property rights and indians' rights. The realized the definition and characterization of each of these topics. Presents legislative, doctrine, jurisprudence and procedural researches , as well as empirical data, aiming to show that the demarcation of Indians lands in the State of MatoGrosso disregarding Constitutional principles analysed through the research, mainly those established at article 5º, XXII and article 231, § 1º of The Federal Constitution of 1988. Demonstrate that infringement to the constitutional principles by demarcation process accomplished by FUNAI culminates with the increase in judicial disputes and quarrel over land in MatoGrosso. This investees of demarcation held in absentia of the indigenous communities themselves, which actually fighting for public policy assistance on the reservations already delimited, and not, for more land.