O lugar das terras indígenas no federalismo brasileiro
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2008-07-01
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The Indian land policy is one of the most important components of the complex relationship between the government and indigenous people in Brazil. The article specifically examines the legal recognition of indigenous land rights in Brazil in the course of formation of the Brazilian federation. Starting with a theoretical discussion on federalism and its ethnic dimensions, the article seeks to explain and analyze the institutions that were created and implemented up until the Constitution of 1988. It also traces the recent changes to federal Indian land policies in Brazil. Despite the advances in legislation and in Indian land demarcation in recent decades, the design of the federal system in Brazil has never included indigenous heterogeneities in either its institutional framework or in recent processes of decentralization. This omission is evident even though there is theoretical potential for federal arrangements to include ethnic diversity.