Pela concretude do direito originário: A trajetória de luta e resistência dos Potiguara no processo de demarcação e homologação da Terra Indígena Potiguara de Monte-Mor

Abstract

The objective of this work is to analyze the realization of the right constitutionally guaranteed by article 231 of the 1988 Brazilian Constitution and other legal instruments, to the Potiguara people residing in the Potiguara Indigenous Land of Monte-Mor, located on the northern coast of the State of Paraíba, more precisely between the municipalities of Rio Tinto and Marcação, with regard to the right to the traditionally occupied territory, through an investigation of the demarcation process of this Indigenous Land, which began around the 1980s, and which, despite several years having passed since the actions developed to achieve the complete demarcation act in the broad sense were reported, was only concluded on December 5, 2024, with the publication of Presidential Decree 12.288/2024, which ratified the demarcation of the Indigenous Land. In this sense, our general objective is to analyze the trajectory of struggle and resistance of the Potiguara people residing in the Potiguara Indigenous Territory of Monte-Mor, in their pursuit of the demarcation of their Indigenous Land, emphasizing the actions developed after the demarcation, leading to the conclusion of the process with its homologation. To achieve this general objective, we will be guided by the following specific objectives: a) To historicize the right to indigenous lands in Brazil from the formation of Colonial Brazil through Imperial and Republican Brazil, addressing the first records of the Potiguara in the current Potiguara Indigenous Territory of Monte-Mor; b) To report on the process of recognition of the Potiguara Indigenous Territory of Monte-Mor; c) To map the actions developed in the pursuit of the homologation of the Potiguara Indigenous Territory of Monte-Mor. To this end, we will base this study on knowledge already produced by authors who have studied and are studying this People, that is, a bibliographic survey, using the qualitative approach method, as it allows for the interpretation of the phenomena to be studied, enabling the attribution of their meanings. Regarding the data analysis, a systematic analysis of the collected data is being employed with the objective of understanding the recorded and unrecorded facts up to the present moment, in order to subsequently answer the central research question, that is, what factors contributed to the slowness in the administrative process of identification, demarcation, and homologation of the Potiguara Indigenous Territory of Monte-Mor?