O caminho até Tsihlqot´in. O reconhecimento dos títulos nativos no Canadá e as lições de Tsihlqot´in vs. British Columbia para o direito brasileiro

Abstract

A recent ruling by the Supreme Court of Canada in June 2014 on the Tsilhqot’in Nation v British Columbia marks a development in Canadian Aboriginal rights as it defines the occupational pattern worthy of legal protection. In short, the ruling highlighted that indigenous land rights protected by law should not be assessed according to the same parameters employed in non-indigenous law. The article outlines the way in which the recognition of indigenous titles has evolved in Canadian law and traces a parallel with the characteristics of the recognition of indigenous territories in Brazilian law, suggesting similarities between the Canadian and Brazilian legal systems, particularly in light of the decision taken by the Brazilian Supreme Federal Court in the Raposa/Serra do Sol case (Petition no. 3388/State of Roraima).