Community Marambaia and Kaiowa Indians-Guarani: discussion about ethnic minorities and their cultural-based decisions demarcation of territories

Abstract

Faced with such conflicting court decisions that deal with the issue of ethnic minorities, this paper presents the outline of two sentences based on the same legal system, designed to rule on disputes similar, however, have opposite directions. In one case, the minority, represented by descendants of Maroons owned by the Community Marambaia, obtained his tenure recognized in accordance with what was premeditated by the Constitution, however, in another study , a situation totally reversed the minority, Community Pyelito Kue indigenous Guarani Kaiowá or had their rights denied occupancy. Draw up lines of thought about the correct direction and amplitude of the decisions themselves. The article will follow in the defense of minority rights promulgated in the 1988 Constitution, and taking into account that the right sometimes behaves in a way, sometimes in another, use the reflections of Luhmann and Habermas, as well as principles of Marxism, Legal Pluralism, Alternate right and Lyra Son to discuss the decisions in the context of these minorities and their consequences not only for the communities, but for society as plural body.