A pilhagem na legislação brasileira sobre terras indígenas

Abstract

This monography is about the use of Democratic State governed by the rule of law as a legitimator and instrument of domination through Plundering, with a focus on legislation about native lands. For this, it uses the concepts of Hegemony and Counter-Hegemony by Antonio Gramsci, as well as the studies on Plundering by Ugo Mattei and Laura Nader, then approaching general aspects and elements regarding the nature of the State and its historical evolution, in order to demonstrate how these phenomena are the result of an evolutionary process of Western civilization and, therefore, not necessarily generalizable to the whole world, despite constituting the parameters by which Western Democracies today judge other peoples in the post-colonial world, and how this Eurocentric view influenced Brazilian behavior with regard to the treatment given to national aborigines in Brazilian legislations both old and current, considering that the Brazilian State succeeded the Portuguese State and internally reproduces the plundering suffered at the international relations.