Colonial Legacies and Indigenous Land Disputes in Brazil

The situation of Indigenous peoples in Brazil is marked by persistent historical and structural inequalities that hinder the full realization of their fundamental rights—particularly those related to land, cultural integrity, and self-determination. Although constitutional provisions and international agreements, such as International Labour Organization (ILO) Convention No. 169, formally safeguard these rights, their implementation is undermined by institutional inertia, delays in land demarcation procedures, and regressive legal measures—notably the “time frame” thesis. These dynamics exacerbate territorial disputes and expose Indigenous populations to structural violence, criminalization, and environmental degradation. This study offers a critical analysis of the key challenges facing Indigenous peoples in contemporary Brazil, with particular emphasis on land-related conflicts, ethnopolitical resistance, and the limitations of current public policy frameworks. Drawing on a qualitative methodology grounded in recent academic and institutional literature, the research employs content and thematic analysis to explore analytical categories such as legal coloniality, environmental racism, and Indigenous self-determination.The findings suggest that Indigenous territorial struggles transcend demands for land recognition, constituting broader assertions of collective rights, alternative epistemologies, and ways of life that challenge an exclusionary and extractivist development model. Strengthening Indigenous political agency, ensuring effective land demarcation, and implementing intercultural and participatory public policies are essential steps toward dismantling colonial structures and promoting socio-environmental justice. Recognizing Indigenous peoples as political subjects is a prerequisite for building a truly pluralistic, democratic, and equitable society.

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.906000472
Primary Topic
Indigenous Peoples' Rights and Law
Type
article
Field-Weighted Citation Impact
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article

Colonial Legacies and Indigenous Land Disputes in Brazil

Silvana Winckler, Arlene Renk, Geverson Ampolini
International Journal of Research and Innovation in Social Science
Indigenous Peoples' Rights and Law
article

Colonial Legacies and Indigenous Land Disputes in Brazil

Silvana Winckler, Arlene Renk, Geverson Ampolini
article en

Abstract

The situation of Indigenous peoples in Brazil is marked by persistent historical and structural inequalities that hinder the full realization of their fundamental rights—particularly those related to land, cultural integrity, and self-determination. Although constitutional provisions and international agreements, such as International Labour Organization (ILO) Convention No. 169, formally safeguard these rights, their implementation is undermined by institutional inertia, delays in land demarcation procedures, and regressive legal measures—notably the “time frame” thesis. These dynamics exacerbate territorial disputes and expose Indigenous populations to structural violence, criminalization, and environmental degradation. This study offers a critical analysis of the key challenges facing Indigenous peoples in contemporary Brazil, with particular emphasis on land-related conflicts, ethnopolitical resistance, and the limitations of current public policy frameworks. Drawing on a qualitative methodology grounded in recent academic and institutional literature, the research employs content and thematic analysis to explore analytical categories such as legal coloniality, environmental racism, and Indigenous self-determination.The findings suggest that Indigenous territorial struggles transcend demands for land recognition, constituting broader assertions of collective rights, alternative epistemologies, and ways of life that challenge an exclusionary and extractivist development model. Strengthening Indigenous political agency, ensuring effective land demarcation, and implementing intercultural and participatory public policies are essential steps toward dismantling colonial structures and promoting socio-environmental justice. Recognizing Indigenous peoples as political subjects is a prerequisite for building a truly pluralistic, democratic, and equitable society.

International Journal of Research and Innovation in Social ScienceVol. IX(VI)
Openalex Percentile: Top 71%
Indigenous Peoples' Rights and Law
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