A retomada Tupinambá no tribunal de justiça : controvérsias sociotécnicas e conflitos ontológicos na demarcação da Terra Indígena Tupinambá de Olivença

Abstract

This work deals with the controversy surrounding the demarcation of the Tupinambá de Olivença Indigenous Land and its consequent judicialization. In order to follow the controversy, I accompany case files of a lawsuit, and also add other documents, texts and subjects that were pointed by it. The objective I sought was to identify and discuss the main arguments put forward by non-indigenous people to prevent the recognition of indigenous rights by their traditional lands and, on the other hand, to understand the practices of indigenous resistance and territorialization after the confrontation and confinement scenario throughout 500 years. Another issue pertinent to this dissertation is to understand the friction effects that develop in the territorial dispute between peoples that operate according to diverse ontological premises and how these ontologies are or are not hosted in the legislature and adjudicated. Throughout the dissertation, I present briefly the history of the indigenous legislation in Brazil, the occupation of the territory where the Tupinambá de Olivença live since the 16th century and the friction between the Tupinambá and the colonizers/usurpers of their lands until the end of the century. XX, when the Tupinambá finally succeed in being officially recognized by the state as an indigenous people with legitimacy to claim their territory. In this way, I show how the Tupinambá territory is delineated in the form of Tupinambá Indigenous Land of Olivença. I also present the main actors who move this controversy and their respective conceptual frameworks about land and identity issues, bringing up the problems that move the judicial process triggered by the filing of the Writ of Mandamus, namely: who is indigenous, who is not? ? When do you stop being an indigenous people? What are the legal conditions required to gain access to land? Is it possible for spiritual entities to be subjects of law? Who is a legitimate party to say who can and cannot live in a territory? I conclude this dissertation with a reflection about the indigenous resistance, its strategies and alliances against the colonization process and the respective challenges that this resistance poses for the State and the Judiciary.