Udayana Journal of Law and Culture
Vol 1 No 1 (2017): Transforming Local Wisdom

Judicial Activism in Brazil”S Constitutional Court?: Studies in the Recognition of Brazilian Indigenous Tenure rights

Anna Lucia Berardinelli (Berardineli and Meireles Law Firm)

Article Info

Publish Date
30 Jan 2017

Abstract

Small part of entire Brazil’s national territory has already been demarcated as indigenous land. Facts reveal that the Natives were killed because of land issues, indicating that land issues and tenure rights are the epicenter of the problem. This article focuses on the cardinal point of Brazilian legal debates: keeping indigenous people’s tenure over the land they have been occupying immemorially. The analysis explores normative aspects on constitutional and legal protection over Brazilian indigenous rights and further scrutinizes the relevant case law that was settled before the Brazil’s Constitutional Court. Keywords: Brazil, Indigenous, Constitution, Court.

Copyrights © 2017




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Journal Info
Udayana Journal of Law and Culture
Website

Abbrev

UJLC

Publisher

Universitas Udayana

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Udayana Journal of Law and Culture (UJLC) is hence created by reflecting the aforementioned phenomenon. This journal offers a recovery of the landscape of the science of law by means of recovering the position of ideology as an aspect of science of law analysis, with particular in analyzing the ...