"In this paper it will be analyzed the indigenous rights of traditional lands. The analyses of meaning of property, from the constitutive and legitimizing aspects, and its scope, from the perspective of its ownership and reach, that has gained relevance as grounds
to indigenous people’s self-governance rights over the property.
Property is still a reflection of the collective identity of these peoples, who carry with natural, cultural, and historical elements. Finally, property is internationally recognized as a human right.
Those rights exist without State actions to identify them. The lack of title does not compromise the existence of the right to communal property since the ancestral communities had an over-comprehensive relationship with their traditional lands long before the formation of the State itself.
Beatriz Souza Costa e Jamile Bergamaschine Mata Diz
Organizors
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