브라질 원주민의 토지권에 대한 법제: 포르투갈 식민지 시대부터 현대 브라질 헌법까지

Indigenous land rights in Brazil were initially recognized by the first Portuguese law during the colonial period, but were used as a tool to exploit or civilize the Indigenous people. During Brazil's transition to independence and the establishment of a republic, there were no fundamental changes regarding Indigenous rights, and the European-centered repressive policies and conditions for citizenship continued to be applied. Although the current Brazilian legal framework concerning Indigenous peoples has improved compared to the colonial period, there are still many limitations. Today, Brazil's Indigenous people face threats to their culture and survival and do not have sufficient participation in social decision-making. Furthermore, in a society where wealth and power are concentrated, Indigenous people remain one of the most marginalized groups. To overcome this situation, Brazil has sought legal responses from a decolonial perspective. The 2023 ruling by the Brazilian Supreme Federal Court, which introduced a new interpretation of Indigenous land rights, can be seen as a result of such efforts. Notably, this ruling reaffirms the inherent dignity of Indigenous peoples and their right to enjoy the benefits of economic, social, and cultural welfare and sustainable development, recognizing their contribution to Brazil's development and pluralism. This decision also offers important implications for ongoing discussions related to the rights of nature and Earth jurisprudence, especially in the context of addressing climate change.