The concepts of place and territory in the composition of Cultural Heritage: Quilombos and indigenous lands in the Brazilian Federal Constitution

Abstract

The current Brazilian Constitution deals with indigenous and quilombo rights, both in relation to land and culture. But incoherently, it unties the two issues that are inherent in each other. In view of political and economic interests, the National Constituent Assembly, which forged the Constitution, was the scene of the imponderable detachment of the binomial place and territory of cultural practices and goods classified as heritage. In order to understand this question, a bibliographical review was raised with the intention of demonstrating how this separation present in the legal text can only be justified by the optics of the political game.