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Indigenous land demarcation conflicts in Brazil: Has the Supreme Court’s decision brought (in)stability?

Author

Listed:
  • Guilherme Fowler A. Monteiro

    (Insper Institute of Education and Research)

  • Luciana Luk-Tai Yeung

    (Insper Institute of Education and Research)

  • Silvia Morales Q. Caleman

    (Federal University of Mato Grosso do Sul)

  • Leandro S. Pongeluppe

    (University of Toronto)

Abstract

We investigate judiciary decision-making patterns regarding property rights conflicts between native Brazilians and rural farmers in the Midwest region of Brazil. Our main contribution is the use of the qualitative comparative analysis (QCA) method for the evaluation of the issue. We use QCA to examine a unique database composed of cases heard by a regional federal court in Brazil between 1999 and 2013. Our empirical analysis is based on the outcomes of the individual judicial procedures along with the specific laws and jurisprudences evoked by the federal judges in making their decisions. We find evidence that a major case settled by the Brazilian Supreme Court in 2009, celebrated as a landmark in national jurisprudence and expected to bring stability to the conflicts, did not have this effect on lower courts’ judgments. In fact, the 2009 decision triggered a proliferation of different interpretations among judges about how to analyze the land conflicts, thus changing the structure of the judges’ decisions. Based on these findings, we can shed new light on the dynamics of judicial decision-making regarding property rights conflicts of indigenous lands in Brazil.

Suggested Citation

  • Guilherme Fowler A. Monteiro & Luciana Luk-Tai Yeung & Silvia Morales Q. Caleman & Leandro S. Pongeluppe, 2019. "Indigenous land demarcation conflicts in Brazil: Has the Supreme Court’s decision brought (in)stability?," European Journal of Law and Economics, Springer, vol. 48(2), pages 267-290, October.
    • Handle: RePEc:kap:ejlwec:v:48:y:2019:i:2:d:10.1007_s10657-019-09628-3
    DOI: 10.1007/s10657-019-09628-3
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    References listed on IDEAS

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    More about this item

    Keywords

    Indigenous; Landowners; Land conflicts; Property rights; Judicial system; QCA;
    All these keywords.

    JEL classification:

    • Q15 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Agriculture - - - Land Ownership and Tenure; Land Reform; Land Use; Irrigation; Agriculture and Environment
    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

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