INDIGENOUS LAW, TERRITORIALITIES AND THE TIMEFRAME THESIS: BRAZILIAN PERSPECTIVES

Abstract

The right of indigenous peoples to territory is guaranteed in the Federal Constitution of 1988, however, it has always been the target of contestation, and in this context the Temporal Framework thesis enters. The temporal framework thesis establishes that indigenous populations can only claim lands they occupied on the date of promulgation of the Constitution, on October 5, 1988. In this assertion, the theme generates debates and reflections in the most varied fields of knowledge, act since the Indigenous Peoples were excluded from the right to citizen participation for centuries in Brazil. The so-called “Indigenous territory” (TIs), to which article 231 of the Constitution refers, refer to those that have been occupied by these peoples since even before the configuration of the Brazilian state. Thus, its ancestry, cosmology of knowledge, culture and its values ​​are also recognized. In this context, the work seeks to analyze the thesis of the temporal framework in view of the indigenous territory Ibirama La Klãnõ, on which the Xokleng people await a decision by the Federal Supreme Court, a decision that can resolve many other demarcations. It uses the bibliographic-investigative methodological procedure.