WHAT IS THE AUTONOMY OF INDIGENOUS PEOPLES IN THE ERA OF GLOBAL NEOLIBERALISM? Decrypting the Brazilian policy of demarcating indigenous lands

Abstract

Does the territorial demarcation policy ensure the autonomy of indigenous peoples? The present study starts from the observation of a dissonance between fact, norm and discourse, because, despite the existence of a normative complex for the protection of indigenous rights that materializes, above all, from the demarcation policy, which is inserted in an international model in For the sake of sustainable development, these demarcated territories are subject to administrative authorization for mineral exploration in violation of the right to prior consultation. Therefore, based on the Theory of Encryption of Power, we sought to decrypt the simulacrum of autonomy produced by the territorial demarcation policy, using the documentary analysis of PET 3388/STF, the Indian Statute, the Civil Code and the Constitution Brazilian, as they highlight the non-recognition of the civil capacity of indigenous people, thus removing from them a base attribute for the exercise of autonomy and for the validity of the exercise of the right to consultation within the modeling of the nation-state, which neutralizes the multicultural dimension, as its main condition is the recognition of the autonomous subject within the parameters of individualism, private property and legality, and whose sovereignty, despite being porous, is only permeable to centers of power linked to neoliberal rationality, which confers a unique purpose on the territory focused on economic exploitation. It was concluded that the demarcation of indigenous lands is a policy that aims to “open” to cultural diversity, from a multicultural perspective, but, at the same time, reinforces mechanisms of control and dominance of the national State and the interests of global capitalism over the territories.