Indigenous recognition has a colonialist imprinting: Pedro Calafate, ‘The Rights of the Indigenous Peoples of Brazil: Historical Development and Constitutional Acknowledgment’, International Journal on Minority and Group Rights, 2018 | settler colonial studies blog

Indigenous recognition has a colonialist imprinting: Pedro Calafate, ‘The Rights of the Indigenous Peoples of Brazil: Historical Development and Constitutional Acknowledgment’, International Journal on Minority and Group Rights, 2018

04Mar18

Abstract: The historical roots of the concept of original rights of the indigenous peoples of Brazil concerning the lands they traditionally occupy, enshrined in Article 231 of the Brazilian Federal Constitution of 1988, refer to the law of nations, taught by Iberian teachers of the 16^th and 17^th centuries, particularly with regard to the scholastic concept of domain. We also show how the concept of Indigenato, formulated in 1912 by João Mendes Junior, 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 and law of nations, inviting us to a dialogue with the classics.

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