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- Title
Das Grundrecht der brasilianischen Indigenen auf Land: Der Fall Raposa Serra Do Sol.
- Authors
D'Ávila Lopes, Ana Maria; Barreto Lima, Martonio Mont'Alverne
- Abstract
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 alms 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.
- Subjects
BRAZIL; PROPERTY rights; CONSTITUTIONAL law; HUMAN rights; INDIGENOUS peoples of Brazil; BRAZIL. Supremo Tribunal de Justica; ACTION &; defense cases; SOUTH American reservations for indigenous peoples
- Publication
Law & Politics in Africa, Asia & Latin America / Verfassung und Recht in Übersee (VRÜ), 2011, Vol 44, Issue 3, p364
- ISSN
0506-7286
- Publication type
Article