A questão da sobreposição entre terras indígenas e unidades de conservação ambiental: validade jurídica das disposições da portaria 303/2012 da AGU à luz da constituição de 1988

Abstract

This course conclusion work aims to analyze , by means documents and literature , the contours of the legal status of indigenous lands in double affectation with environmental conservation units , due to the recent determinations of Ordinance 303/2012 of the Attorney General Union Therefore, part of the study about the amplitude of the Institute of Indigenous Land , detailing its history , assumptions and legal grounds , detailing since the arrival of the Portuguese in American soil to date , mainly from a legal standpoint . The later study proceeds to an examination of Ordinance 303/2012 of the AGU , which brought to the normative scope determinations of nineteen safeguards adopted by the Supreme Court for the Raposa Serra do Sol case, tried in 2009. Such analyzes will provide the basis for composition of the third chapter will focus on the issue of managing the areas of overlap between indigenous land and environmental conservation units , featuring elements of the influence of Ordinance 303/2012 on the theme and what possible inconsistencies in the current policy from the point of view of Legislation International and constitutional protection to indigenous peoples.