Mestizaje and Law Making in Indigenous Identity Formation in Northeastern Brazil: "After the Conflict Came the History"

In this article, I explore issues of authenticity, legal discourse, and local requirements of belonging by considering the recent surge of indigenous recognitions in northeastern Brazil. I investigate how race and ethnicity are implicated in the recognition process in Brazil on the basis of an analysis of a successful struggle for indigenous identity and access to land by a group of mixed-race, visibly, African-descended rural workers. I propose that the debate over mestizaje (ethnoracial and cultural mixing) in the Spanish-speaking countries of Latin America can be reconfigured and clarified by broadening it to include such Brazilian experiences. I argue that the interaction between two processes—law making and indigenous identity formation—is crucial to understanding how the notion of "mixed heritage" is both reinforced and disentangled. As such, this article is an illustration of the role of legal discourse in the constitution of indigenous identities and it introduces northeastern Brazil into the global discussion of law, indigenous rights, and claims to citizenship.