DIREITOS TERRITORIAIS ORIGINÁRIOS E OS IMPACTOS DA PEC 132/2015 NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The original right to indigenous land is a highly relevant topic in the Brazilian political and social context. It is evident that the State is seeking ways to resolve existing land conflicts. Thus, Proposal for a Constitutional Amendment No. 132/2015 was created to amend the 1988 Federal Constitution and allow for compensation to the possessors of dominial titles related to lands designated as indigenous. However, this measure encounters fundamental principles in the construction of indigenous rights, particularly in indigenous land rights. The objective of this work is to assess the impacts that the approval of this proposed constitutional amendment will have on the Brazilian legal system, especially concerning the advancements and setbacks it will bring to the discussion of this issue. The methodology used is based on descriptive exploratory research, combined with deductive methods and facilitated by bibliographic, documentary, and jurisprudential analysis. The conclusion reached is that the measure represents a setback in the acquisition of indigenous rights and opens the door for the closure of other fundamental rights of indigenous peoples.