RIGHT TO INDIGENOUS CULTURAL PRESERVATION: BETWEEN REGULATORY PROTECTION AND THE PRACTICE OF CULTURAL VIOLENCE

Abstract

The cultural preservation of Indigenous peoples in Brazil is directly linked to the guarantee of their territorial rights, with land representing not only a material asset but also a central element of identity, spirituality, and the transmission of ancestral knowledge. This study aims to analyze how the State's omission in enforcing the right to land contributes to the perpetuation of cultural violence, thereby compromising the continuity of Indigenous practices and traditions. To this end, a literature review was conducted based on academic sources, official documents, and institutional reports from organizations such as Cimi, FAO/FILAC, and Apib. The analysis was structured around three key areas: land as an essential cultural element, the constitutional rights of Indigenous peoples in Brazil, and the impacts of territorial conflicts on cultural preservation. The literature indicates that the absence of effective public policies and the failure to recognize traditional territories constitute forms of structural violence, directly undermining Indigenous autonomy and the continuity of cultural practices. It is concluded that the enforcement of land rights is an essential condition for the physical, symbolic, and cultural survival of these peoples.