A necessidade de se compatibilizar legitimidade e legitimação para efetivar o direito dos povos indígenas ao território.

Abstract

The objective of this research was to discuss instruments that can enforce the legitimacy of the rights of indigenous peoples to the territory, analyzing the relationship of these peoples with the land and the importance of demarcation and prior consultation in guaranteeing their self-determination. To achieve this objective, the methodology of the deductive method was used, which starts from theories and general laws to reach the particular and presents a structure of thought that allows the validation of already existing information. The research was bibliographic, based on existing documents on the subject, such as books, legal sources and published scientific articles, as well as documentary research, using official documents and statistics. As for the purposes, the research was qualitative. It was concluded that the land for indigenous peoples covers a whole sphere that transcends the physical space, being fundamental for their dignity, for their physical and cultural reproduction, for the maintenance of their way of life, maintenance of knowledge and cultural expressions. The demarcation of indigenous lands and prior consultation are crucial measures to enforce the legitimacy of indigenous peoples' right to territory and their self-determination. The participation of indigenous peoples in the construction of public policies directed to them is necessary, so that they are builders of their priorities and thus can guarantee legitimacy to their right to the territory.