TENSION OF RIGHTS: NATIONAL SOVEREIGNTY vs. TERITORIAL SOVEREIGNTY

The acknowledgement of the indigenous rights brought a tension between national and territorial sovereignty, because the concord of these rights was produced in a jurisprudential way but, in the practice, the demands of the different indigenous communities exceed the established guidelines. This fact is developed constantly - because limits of the right of autonomy in indigenous communities and the articulation ways with the State institutions are not clear-in conflict situations. Therefore, the present text tries to determine the guidelines and limits for creating a harmonization of sovereignties.