Human Rights, Native Lands and Environmental Issues: The Demise of Mother Nature and of the Indigenous Peoples of Brazil

Abstract

The aim of this paper is to analyze the historical trajectory of demarcations of Brazil’s traditional lands, as well as the rights and emergent violence concerning this issue. The choice of this topic is justified by the constant violation of the demarcation rights of indigenous lands, the lag in administrative processes, or judicial decisions and bills that do not acknowledge or hamper these rights, as well as the effects of this oversight on the life and demise of indigenous peoples and on nature. The method used was bibliographical-investigative through the use of data from the Social-environmental Institute, the Indigenous Missionary Council, national and international court of laws and current legislation. First, a reflection on the identitary and personal construction of Amerindians is carried out; followed by an analysis of the development of colonialism in Brazil through its effect on traditional territories and peoples; and, finally, numbers and consequences regarding the life and demise of indigenous peoples and the environment are discussed. State negligence concerning the demarcation of these lands is confirmed, as well as the occurrence of violations and violence towards native peoples, along with scarce environmental protection. There is a need for the evolution and reconstruction of concepts and of the legal framework within a decolonial perspective, in order for the full-fledged recognition of indigenous peoples’ rights to take place.