The legal aspects of territorialisation in Brazil: some thoughts on the concept of traditional populations

Abstract

This research aims to understand some legal aspects that regulate the territories of social groups that share common use modes of land in Brazil. Reflecting on the concept of traditional populations, from important authors such as Paul Little, Daniel Wagner, Henyo Barretto, among others, we seek to continue the debate on the complexity of this concept and its implications, especially with regard to indigenous groups. To facilitate the understanding of the legal differences regarding the "lands traditionally occupied", the analysis is divided into three groups: indigenous, quilombolas and "traditional populations", which refer to those social groups living in – or near – protected areas.