Collision between the constitutional right to land traditionally occupied by indigenous and the right to small property of family farmers in rio grande do sul: a multicultural look through the lens of transconstitutionalism

Abstract

The collision of rights involving the constitutional right to the demarcation of traditional indigenous lands and the right to small rural property, although not a recent phenomenon, gained new outlines from the landmarks of the 1988 Constitution. contrasts indigenous peoples with family farmers in Rio Grande do Sul, ethnic and cultural issues are inserted, which, in the proposal of this article, we seek to equate with the creation of a multicultural environment, in the light of the transconstitutional theory. To indicate this possibility, a bibliographical research was carried out, with a hypothetical-deductive approach as the predominant mode of reasoning, structuring the approach as described below. In the first part, aspects related to the colonization process in Rio Grande do Sul and the conflicts between indigenous people and family farmers were rescued; in the second, the transconstitutional theory was examined as a communication bridge between the normative order of indigenous communities and the Brazilian state legal order; finally, the possibility of creating a multicultural environment that mediates the conflict between the groups was analyzed. It was concluded that it is possible to equate the collision of interests by creating a multicultural environment, in the light of the transconstitutional theory, considering that dialogue bridges and communication channels can be created to assist in the mediation of conflicts, enhancing the solution dialogic, intercultural, with cooperation between indigenous leaders, the Public Prosecutor's Office, the Public Defender's Office, Funai, Incra, states, municipalities and other bodies that facilitate the circulation of the word.