A (in) constitucionalidade do projeto de emenda constitucional 215/00 e os direitos fundamentais indígenas: as estratégias jurídicas-políticas que visam a limitação das demarcações de terras indígenas no Brasil

Abstract

This research deals with the analysis of the Proposed Amendment to the Constitution ( PAC ) No. 215, of March 28, 2000, which proposes to demarcate indigenous lands only with the approval of Congress. However, the proposal, which was approved in the Commission of Constitution and Justice of the House of Representatives, heated debates emerged that embody the conflict between large landowners and indigenous. Initially, it is necessary to trace the contours of the current basic procedural model - administrative demarcation of indigenous lands, passing to the analysis of the process of political construction of the current constitutional chapter "Of the Indians" title "Social Order" and ending with study of the fate of the PEC. Then conduct an investigation on the subject on the grounds of neoconstitucionalism. From the concept of fundamental rights and entrenchment clause, intended to study the (un) constitutionality of PEC 215 under the constitutional Brazilian system. Finally, we try to point out the possible repercussions of the factual and legal approval of said PEC.