Cultura, Tradição e o Instituto do Indigenato: Uma análise a partir do conflito judicial do território Tuxá Dzorobabé Rodelas – Ba

Abstract

This work sought to develop research around the historical, cultural, and legal milestones of the Native Peoples of Brazil, particularly the Tuxá People of Rodelas – BA. We conducted a survey on the formation of Brazilian history, whose theoretical and empirical developments allowed, both in the past and present, the formulation of diagnoses specific to the national reality of the native peoples. From this initial observation, the research delimited the time frames and began the process of developing an analysis of the rights of native peoples, focusing on the Tuxá People of Rodelas – BA, who are engaged in a legal dispute over territorial rights, especially concerning the ancestral territory of "Dzorobabé." We identified the social subjects and the administrative and legal institutions related to the native peoples, which, viewed in light of their conceptual assumptions, offer us perspectives and diagnoses that should be understood and discussed within society as a whole, since we are dealing with the rights of native peoples that need to be protected and propagated, as they are essential to the historical and cultural development of the Brazilian State. The research focused on analyzing how the native system enables the protection of multicultural native rights, with respect to the sacredness and demarcation of the "Dzorobabé" territory of the Tuxá People of Rodelas – BA. As the research deepened, both in the presented works, such as those of some relevant authors: Manuella Carneiro Cunha, Ricardo Dantas Borges Salomão, Leandro Durazzo, Antônio Carlos Wolkmer, Darcy Ribeiro, among others, and in the existing scientific production on the subject, it became more evident that the rights of native peoples, as a theoretical, cultural, political, and legal field, provided the natives and society as a whole with a multiple understanding of reality for its interpreters, specifically, in this work, the Tuxá People of Rodelas – BA. Such understandings allowed us to avoid the repetition of colonizing views on native peoples, which have become hegemonic. Therefore, this research provides a diagnosis of historical national ills, whose ideological rhetoric has guided political, social, cultural, and legal conduct for centuries. Another hypothesis raised is that Brazilian native peoples were not adequately protected by our legislation "in practice," that is, the term "rights," for native peoples, before the 1988 Constituent Assembly, brought a set of ideas which, if well understood historically and within the scope of political, social, and legal theory, provided us with an expanded and relevant analytical power for the discussion of native rights, truly realized in our history, beyond the legal frameworks. We analyzed the history from its emergence to the present day, of the Tuxá People of Rodelas – BA, especially the process of self-demarcation of the sacred (ancestral) territory of "Dzorobabé." Thus, the expectation is that we can, from the critiques, analyze, observe, and build new paths that will strengthen the native movement and all its resistance, whether territorial, ritualistic, cultural, social, political, or judicial.