Abstract

This article argues that the concept of traditional land tenure by indigenous peoples, provided for in article 231 of the 1988 Brazilian Constitution, should be interpreted in the light of the right to cultural identity, as recognized by the Inter-American Court of Human Rights (IactHR). The work is divided into three parts. Part 1 is dedicated to a critical examination of the decisions of the Brazilian Supreme Court concerning the concept of traditional land tenure. Part 2 presents the idea of “network constitutionalism” as a strategy that allows national courts to observe, exchange and learn from the decisions of international and domestic courts which face common legal issues. Part 3 discusses the concept of cultural identity of indigenous peoples, as recognized by the IActHR, and its implications for the interpretation of the concept of traditional land tenure, by the Brazilian Supreme Court, especially in the context of network constitutionalism.