About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

25 Soc. & Legal Stud. 3 (2016)

handle is hein.journals/solestu25 and id is 1 raw text is: Article

The (IIlegal Indian:
The Tupinamba and
the Juridification of
Indigenous Rights and
Lives in North-Eastern
Brazil

Social & Legal Studies
2016, Vol. 25(1) 3-21
© The Author(s) 2015
Reprints and permission:
sagepub.co.ukljournalsPermissions.nav
DOI: 10.1 177/09646639 15593412
sls.sagepub.com
OSAGE

Peter Anton Zoetti
Centre for Research in Anthropology (CRIA)-University Institute of Lisbon
(ISCTE-IUL), Lisbon, Portugal
Abstract
This article traces different aspects of the present-day juridification and judicialization of
indigenous lives using the example of the Tupinambi Indians of north-eastern Brazil. The
Tupinambi's identity is being increasingly bureaucratized by public administration and is
constantly being questioned by public and private agents to deny the Tupinambi's
constitutional land rights. In the course of the still ongoing process of the demarcation of
the Indigenous Territory Tupinambi de Olivenea, indigenous inhabitants are facing a
plethora of civil actions, and Tupinambi leaders are being persecuted and criminalized by
the police and the judiciary. This article exposes the legal intricacies of possessory
actions against indigenous people in Brazil and discusses the different acts and attitudes
of the actors of the Brazilian 'juridical field' as regards the indigenous rights. It suggests a
view of law, law enforcement and law suits as means of social sense making, that is, a
public staging, interpretation, imagining and 'mapping' of Brazil's 'indigenous question',
which has, ultimately, to be legitimized by society at large.
Keywords
Brazil, indigenous identity, indigenous rights, legal anthropology, territorial disputes,
Tupinambi Indians
Corresponding author:
Peter Anton Zoettl, Centre for Research in Anthropology (CRIA)-University Institute of Lisbon (ISCTE-IUL),
Av. Forsas Armadas, Lisbon 1649-026, Portugal.
Email: pazln@iscte.pt

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most