INDIGENOUS TERRITORIAL RIGHTS IN BRAZIL: THE TIMEFRAME AND THE RIGHT TO CONSTITUTIONAL EXISTENCE

Abstract

This research deals with the Temporal Framework and its impacts, since the origin and indigenous narrative refer to the ancestral Land and are linked and in full connection with the collective of sacred places governing their existence in the place where they were born, cultivating their beliefs and culture interconnected with their experience. With the CF/88, the assimilationist vision that permeated Brazilian legislation was removed, that is, the Constitution opted for respect for ethnic plurality and cultural diversity. The Temporal Framework aims to establish a fixed temporal criterion to define which lands can be recognized as being of traditional indigenous occupation, and showing that the Temporal Framework is linked to a policy of imposition. In this context, the guiding question of this study was: What are the impacts on the original rights of indigenous peoples in Brazil with the approval of the Temporal Framework? The objective was to understand the legal, territorial, cultural and social aspects that impact the original rights of indigenous peoples in Brazil with the approval of the Temporal Framework. This was a qualitative and descriptive literature review. A search was carried out in electronic databases: USP, CAPES Periodicals, Scientific Electronic Library Online (SCIELO), Journal Storage (JSTOR), in texts published in online law journals, Instituto Socioambiental (ISA) and CF/88. It was evident that the Temporal Framework can be considered an act of denial of the ancestral legitimacy of the occupation of indigenous peoples. Land is part of the identity, history and continuity of the ways of life of indigenous peoples.