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  • 标题:O Judiciário e a demarcação de terras indígenas: o caso de Pernambuco
  • 本地全文:下载
  • 作者:Fernando Joaquim Ferreira Maia ; Gilberto Romeiro de Souza Júnior
  • 期刊名称:Espaço Jurídico: Journal of Law [EJJL]
  • 印刷版ISSN:2179-7943
  • 出版年度:2017
  • 卷号:18
  • 期号:3
  • 页码:747-762
  • 语种:Portuguese
  • 出版社:Universidade do Oeste de Santa Catarina
  • 摘要:The article deals with the conflicts involving indigenous lands in Pernambuco by the Judiciary. The analysis was made from the decisions in Pernambuco and dealing with conflict processes of indigenous lands. The study employs the concepts of the right of access to land and the placement of judges in resolving conflicts involving indigenous lands. The performance of jurisdiction on matters of indigenous lands is analyzed, and the possible scenarios of these conflicts in the State are investigated. As instrument of research, books and articles of environmental law and rural sociology, on environmental conflicts over land ownership, and the judgments on the conflicts for the right to land in the indigenous communities were used. It argues that the Judiciary acts inconsistent in applying the standard environmental material in conflicts involving indigenous lands. Therefore, indigenous peoples do not find in the Judiciary a favorable field for defence of their rights to the land.
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