A controvérsia do marco temporal na demarcação de terras indígenas no Brasil: análise jurídica e implicações sociais

Abstract

The present work focuses on the Temporal Framework of indigenous occupations and, in this context, seeks to analyze the various interpretations that the Brazilian judicial system has attributed to the constitutional articles that guarantee the territorial rights of indigenous peoples and the compatibility between the Indigenous Temporal Framework thesis and the 1988 Federal Constitution. In the execution of this work, the hypothetical-deductive method was applied, investigating historical events, legislation, and cases related to the Temporal Framework. The rights of native peoples to their lands, recognized in the 1988 Constitution, predate the Brazilian state. Traditional occupation is guaranteed to indigenous peoples, even if the ownership belongs to the Union, highlighting the essential and inalienable nature of these rights and the intrinsic connection of indigenous peoples to their ancestral lands. However, the Temporal Framework thesis, which defines a deadline for demarcating indigenous lands, raises questions about its compatibility with the 1988 Constitution. How does it fit or contrast with the constitutional principles that protect the ancestral rights of indigenous peoples, such as the right to their traditional lands? The first chapter of the work provides a brief history of indigenous legislation and the policies adopted regarding indigenous land rights in Brazil since the Federal Constitution. Following this overview, it delves into the origin and consolidation of the Temporal Framework thesis. Finally, it thoroughly analyzes the judgments and decisions of the Supreme Federal Court regarding the thesis and the rights of indigenous peoples to their land.