ENVIRONMENTAL MANAGEMENT OF INDIGENOUS LANDS AND ITS NATURAL RESOURCES: LEGAL GROUNDS, LIMITS AND CHALLENGES
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Abstract
The article analyzes the Brazilian indigenous environmental policies since the advent of the Federal Constitution of 1988 and the natural resources management systems in indigenous lands created by government agencies responsible for implementing these policies. For this, it made a theoretical and legal approach to Federal Law n.12.593 / 2012 and Decree n. 7747/2012. In terms of methodology, the article is descriptive and exploratory approach and seeks to know the legal sense of the legal commands related to the protection of indigenous peoples and environmental management of their territories, domestically and internationally, through the hermeneutic-normative approach. Despite the indigenous peoples are legitimate to decide on the sustainability of their lives, what we have realized is that a set of marketing-capitalist factors have reinforced the rights denial process, which justifies the creation of spaces for popular participation indigenous to the formulation of public policies in democratic decision-making processes involving the management of indigenous land.
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