THE ROLE OF INDIGENOUS LANDS IN THE MITIGATION OF CLIMATE CHANGE: LEGAL AND ENVIRONMENTAL ANALYSIS

Abstract

This article analyzes the role of indigenous lands in mitigating climate change from legal and environmental perspectives, highlighting their relevance as instruments for protecting biodiversity and reducing greenhouse gas emissions. The research adopts a qualitative approach, based on a bibliographical, normative and jurisprudential review, examining the constitutional legal regime of indigenous lands in light of articles 225 and 231 of the 1988 Federal Constitution, as well as its interface with international environmental protection and human rights treaties. The legal controversy surrounding the time frame thesis is also discussed, highlighting its incompatibility with the original rights of indigenous peoples and with the constitutional principles of human dignity and the prohibition against environmental regression. It is concluded that the effective protection of indigenous lands is an indispensable measure for promoting climate justice and facing the contemporary environmental crisis.