Uma leitura antropológica do processo de demarcação de terras ameríndias no Brasil: análise do julgamento da petição 3388 pelo Supremo Tribunal Federal a partir do perspectivismo ameríndio

Abstract

The purpose of this work is to answer the following problem: in legal cases that reveal an ethnocentrism, as in the judgment of petition 3388 by the Federal Supreme Court on the demarcation of the Raposa Serra do Sol indigenous land, which paths of confrontation invisible to the law can be opened by the anthropological reading of Amerindian perspectivism? From a theoretical-methodological point of view, an attempt was made to build a path in stages to, in the end, reach a radical anthropological critique of modern law. In the first part, an initial opening is carried out on the crossings between ethnocentrism and modern law based on criticisms by Lévi-Strauss and ideas from the philosophy of liberation. In a second moment, a cross between legal and anthropological arguments is carried out for a critique of the conditions of demarcation of Amerindian lands in Brazil established by the Federal Supreme Court in the Raposa Serra do Sol case. Here, a first path opened by the anthropological critique of modern law is shown. Finally, a possibility of radicalizing the anthropological critique of modern law based on Amerindian perspectivism is pointed out, in order to highlight other ways of confronting ethnocentrism and resolving cultural conflicts.