A tese do Marco Temporal: direitos dos povos indígenas e o estado de inconstitucionalidade

Abstract

This work aims to address the complex problem of demarcating indigenous lands in Brazil, with the main focus on the discussion of the Temporal Framework Thesis worked on by the Federal Supreme Court, originating in the judgment of the Raposa Serra do Sol Indigenous Land. The Temporal Framework Thesis, discussed by the judiciary, emerges as a critical point. This thesis, by establishing a time frame for demarcating indigenous lands, generates significant impacts on the territorial rights of indigenous peoples, influencing the perpetuation of the vulnerability of these communities. The core of this study lies in the question: how does the Temporal Framework Thesis impact the non-enforcement of the right to land for indigenous peoples, in light of the 1988 Constitution? To answer this question, the general objectives include the analysis of the constitutional provisions on the demarcation of indigenous lands, understanding the importance of land and territory for these communities in opposition to the Temporal Framework Thesis. This work is justified by the constant struggle of indigenous peoples for the demarcation of their lands, even with the constitutional guarantee. It is still necessary to analyze a specific case that gave rise to the thesis, notably that of Raposa Serra do Sol, fundamental to understanding the role of Law in violations, filling gaps in academic production dedicated to this social reality. As for the methodology, we will adopt the dialectical method to analyze the Temporal Framework Thesis, considering its historical and social implications. In terms of procedural, monographic and historical methods, applied to deepen the understanding of the Raposa Serra do Sol case and investigate the evolution of the Temporal Framework Thesis and indigenous rights to the present day. In conclusion, the need to re-examine the Temporal Framework Thesis is highlighted, recognizing its unconstitutionality and the adverse impacts on the implementation of indigenous territorial rights.