The Territory in the City: The Spatiality of Indigenous Presence in Urban Contexts

This research is situated at the intersection between urban studies and critical legal geography, focusing on the interaction between normativity and spatiality concerning the presence of indigenous peoples in peripheral neighborhoods, such as vilas and favelas in Brazil. Drawing on the concept of legal pluralism, this research aims to investigate the multiple legal layers that affect these territories, encompassing both state law — such as the consequences of land regulation and public policies —, and social and community norms produced outside the formal legal system.

This issue arises from the formal and bureaucratic recognition that the State demands from indigenous peoples to guarantee their rights, particularly for those living in urban contexts where they face prejudice and social exclusion. Furthermore, urban expansion has affected indigenous territories, blurring the physical boundaries between villages and cities, which creates challenges for the maintenance of identity and rights of indigenous peoples.

This research seeks to answer the following question: how do the interactions between the different legal layers resulting from the presence of indigenous peoples in urban contexts produce regulation of these spaces? Our hypothesis suggests that social norms emerge in territorial spaces occupied by indigenous peoples in peripheral areas, influenced by factors such as land regularization and public policies, pointing to the need for adaptation of indigenous culture.

This study is relevant both (i) in the scientific field, by advancing socio-legal studies and critical legal geography, and offering reflections on the researcher’s role, who, maintaining a decolonial perspective, acts as an intermediary between the issues of indigenous peoples and the law, and (ii) in the social field, by giving visibility to urban indigenous voices and contributing to the political agenda of defending the rights of these peoples.