Banca de DEFESA: CINTHIA BEZERRA DA SILVA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : CINTHIA BEZERRA DA SILVA
DATA : 15/02/2022
HORA: 14:00
LOCAL: Sala Virtual em decorrência da Covid 19
TÍTULO:

CRIMINALIZATION AGAINST INDIGENOUS IN THE CONTEXT OF THE TUPINAMBÁ STRUGGLE FOR THEIR TERRITORY IN OLIVENÇA (ILHÉUS/BAHIA) AND ORIGINAL PROTAGONISM

PALAVRAS-CHAVES:

Indigenous Law; Demarcation, Tupinambá Indigenous Land, Criminalization, Resistance, Protagonism

PÁGINAS: 172
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direitos Especiais
RESUMO:

The present master's dissertation aims to analyze the right of Indigenous Peoples to have their lands demarcated. The focus of this study is the Tupinambá People of Olivença (Ilhéus/Bahia) who had their Official Ethnic Recognition carried out by the National Indian Foundation (FUNAI) on May 13, 2002. On April 20, 2009, the Official Gazette of União published the Detailed Report on the Delimitation of the Tupinambá de Olivença Indigenous Land. However, after going through all the legal, administrative and political procedures, none of the governments at the head of the Brazilian State signed the Declaratory Ordinance for the Tupinambá Indigenous Land. This situation of uncertainty increased when, on December 30, 2019, the then Minister of Justice and Public Security, Sérgio Moro, sent the Tupinambá demarcation process back to FUNAI in order to adapt to the thesis of the so-called time frame that is currently being judged by the Supreme Court. Federal Court (STF). This situation of legal uncertainty generated by the non-approval of the Declaratory Ordinance of the Tupinambá Indigenous Land only increases the criminalization against that community. We seek to contribute to this demarcation taking place as quickly as possible. For this, it starts from a historical analysis of the legislative evolution concerning the right granted to the Indians, from the colonial period until the advent of the Federal Constitution of 1988, when the recognition to the Indians of the original rights over the lands they traditionally occupy, “imposing the Union the duty to demarcate and protect them”. This history reaches the present day, indicating that the non-demarcation of Original Lands only increases violence against indigenous people. At the same time, it seeks to highlight the leading role of the Tupinambá People in their historical resistance and (re)existence by the Original Land of Olivença.

MEMBROS DA BANCA:
Presidente - 066.250.508-57 - CARLOS JOSÉ FERREIRA DOS SANTOS - UESC
Externa ao Programa - 1246550 - ALESSANDRA MELLO SIMOES PAIVA
Externo à Instituição - SAULO LUDERS FERNANDES