THE UNCONSTITUTIONALITY OF THE TIME FRAMEWORK: RISKS AND THREATS TO THE PROTECTION OF INDIGENOUS PEOPLES IN BRAZIL

Abstract

This article aims to discuss the unconstitutionality of the timeframe as a criterion for configuring the occupation of indigenous lands. For this, the history of suffering that the natives went through since the beginning of Brazilian society was approached. In addition to the main consequences that, if this law is approved, will cause these peoples, namely, the demarcation of lands obtained by constitutional law, the loss of processes that have been open for years with a view to future demarcations, and also the risk that the culture and customs of these populations are definitively compromised. Afterwards, we indicate the arguments, both theoretical and legal, contrary to our thesis and show the inconsistency of each one of them. For this, the method used will be the hypothetical-deductive, as well as the bibliographical research technique. Given the above, we conclude that the timeframe for defining the demarcation of indigenous lands is in line with the history lived by indigenous peoples, as well as with the Constitution that governs our country, not having to talk about the approval of such a law.