Correlations between the classical conception of property and the collective property right to land: From Lohn Locke’s perspective to indigenous (non-)property rights in Brazil

Abstract

The aim of this article is to point out the convergence of the classical conception of property, based on John Locke, with the universal right to collective property and access to land by indigenous people, as exemplified by the Case of the Xucuru Indigenous People and their Members v. Brazil, judged by the IA Court. The text presents three sections, with a historical approach to the notion of property and the foundations and premises of the right to land ownership, from the Lockean perspective; the characteristics of the establishment of property in Brazil, in particular the concentration of land and the continued denial of access by minority groups, such as the indigenous people, a situation that has remained unchanged, like the temporal milestone thesis; and finally, the possibility of dialogue between the classical conception of property and the collective ownership of indigenous land, based on the analysis of Brazil’s condemnation by the IA Court for the violation of the Xucuru's right to property. It concludes that the classical conception of property, as a political theory, legitimized the right to property in Brazil, which was initially guaranteed to the captains and, currently, to the landowners, but the same understanding was not applied to the indigenous people’s right to property, a situation that continues today. The research method is deductive, with exploratory, descriptive and qualitative analysis, and the research techniques are documental and bibliographical.