RAÍZES JUSNATURALISTAS DO CONCEITO DE DIREITOS ORIGINÁRIOS DOS ÍNDIOS NA TRADIÇÃO CONSTITUCIONAL BRASILEIRA: SOBRE O CONCEITO DE INDIGENATO
Keywords:
Original rights, natural law, jus gentiuni, restitutionAbstract
It is hereby shown that the historical roots of the concept of original rights of indigenous peoples concerning the lands they traditionally occupy, enshrined in Article 231 of the Brazilian Federal Constitution of 1988, refer to the natural law, taught by Iberian teachers of the XVI and XVII centuries, particularly with regard to the scholastic concept of domain. It is also herein shown how the concept of indigenato, formulated in 1912 by João Mendes Júnior, considered over the past decades as the one that best illuminates article 231 of the Brazilian Constitution of 1988, is entirely founded on this Iberian school of natural law, inviting us to return to the classics.
Downloads
Published
How to Cite
Issue
Section
License
The opinions expressed by the authors are their exclusive responsibility and do not necessarily represent the understanding of the Brazilian Institute of Human Rights and/or its Editorial Board.
The author will not be paid for the cession and publication of his/her paper, and may receive two copies of the issue in which his/her collaboration appears.
Articles published in this journal may be reproduced in whole or in part, in print and/or electronic, but must cite the name(s) of the author(s) and its publication in this Journal.
The authors authorize the Editorial Board to submit the paper to textual corrections and to necessary changes, including formatting the paper to technical standards.
