A (in) constitucionalidade da não ampliação das terras demarcadas no caso Raposa Serra do Sol

Abstract

The decision made by the Supreme Court in the case of the demarcation of the Raposa / Serra do Sol has brought important ideas about the slow pace of demarcation, economic interests that permeate the constitutional principles that govern the country and the legitimacy to impose Praetorium Exalted conditions for the continuous demarcation of the community. Among the restrictions laid down, there is the number of seventeen which prohibits the expansion of land already demarcated. From there it unfolds across a controversy that is necessary to demystify concepts played by a common sense, propagated by a coach who has vested interest in impeding the demarcation process, and weigh what the right preponderant: the life and access to land or profit. Given this, it is necessary to know what the reasoning, values and purpose of guaranteeing the right to land, included in Article 231 of the Constitution of 1988, as the right to difference, indigenous worldview and self-identification are received, understood and effected at the national and international as well as analyzing the consequences on the lives of indigenous peoples and the legal system of sealing the expansion of lands already demarcated in order to verify the incompatibility of the restriction with the new order of values and principles introduced by the current constitution. From the study of the Raposa-Serra do Sol, one was based on bibliographical research and comparative law, demonstrating the incompatibility of non-extension of land already demarcated with the existing constitutional requirements.