Poder de polícia administrativo da FUNAI: os limites da atuação estatal no ordenamento territorial na aldeia Coqueirinho, terra indígena potiguara

Abstract

The question of the limits of state action in territorial planning in indigenous lands is a complex issue that involves topics such as environmental, indigenous, property and urban rights, as wellassocial issues such as inequality and the right to housing. The present work, through the use of bibliographic research of legal diplomas, scientific articles, manuals, academic theses and dissertations, among other sources, sought, by making a cut about the situation of the Coqueirinhovillage, bringing light to the discussion of the researched topic, seeking to signal possible approaches and alternatives to conflicts arising from the legislative vacuum that existsin relation to the Police Power of the National Indian Foundation (FUNAI) in resolving conflicts arising from land use and subdivisionwithin indigenous lands. The analysis of the research result indicates that there are important historical facts that led to the occurrence of internal territorial conflicts in the Potiguara Indigenous Land, such as the non-collective use of the territory. In addition, it was observed that the use of territorialmanagement tools, such as: ethno-mapping and ethno-zoning, providedfor in the National Policyfor Territorial Management in Indigenous Lands (PNGATI), in addition to the Territorial Management Plan, are of great importance for the prevention of territorial conflicts. Regarding the application of the Police Power conferred bylaw on FUNAI,it was identified that it is feasibleto make national legislation compatible with customary law, through the application of constitutional precepts related to the Social Function of Property, theright to a healthyand balanced environment and the protection of the legal and cultural diversityof indigenous peoples, as well aslegal instruments such as Convention 169 of the InternationalLabor Organization (ILO).