DEMOCRACIA SELETIVA E OMISSÃO ESTRUTURAL NO ESTADO LIBERAL CONTEMPORÂNEO: O IMPASSE ENTRE A LEGALIDADE FORMAL E OS DIREITOS INTERCULTURAIS DO POVO XAVANTE

Abstract

This paper examines the liberal state's structural omission regarding the territorial rights of the Xavante people by analyzing the tensions between collective conceptions of territoriality and individual property norms. It aims to assess how this omission reveals the limits of a liberal distributive model. Through a review of specialized literature, theories of the rule of law, distributive justice, and ethnoanthropological studies on Xavante narratives were compared, as well as mapping of indigenous public policies and recent judicial decisions. It identified that bureaucratic and technical procedures inherited from liberalism exclude symbolic and multitemporal dimensions of the territory, fragment traditional areas, and perpetuate socio-environmental vulnerabilities, resulting in partial demarcations, poor monitoring, and violent conflicts. It concludes that hybrid approaches must be adopted, incorporating deliberative community participation, binding councils, and collaborative georeferencing technologies capable of promoting territorial justice that articulates collective rights and cultural sustainability.