Native People as a Subject in Political Reconstruction of Their Areas: New Implications for Law

Abstract

A wide comprehension of the challenges that native people have faced for their territorial rights in latin america, it goes through a historical unveiling on the form as the territorial question was treated in these countries, in such a way administratively as legally. The territorial rights represent, today, one of the central points that these people claim. In this direction, one of the objectives of this work is to reflect on the processes of territorial claims undertaken by the natives Guarani Kaiowá and Ñandeva, in the state of Mato Grosso do Sul/ Brazil and the challenges that these mobilizations have represented for the occidental right, therefore they have brought up important discussions. The main idea is that, a new thought on the natives is stated, from the moment that fatalistic, terminal view distune. There are now conditions to go beyond this position. The main one is the finding of physical, ethnic and cultural survival of the native people. These people had resisted throughout the historical process and had acted before the involving society. For this research it was searched theoretical references in many knowledge areas. Amongst them it can be mentioned: History, Anthropology and Law.