A tese do marco temporal indígena e sua (in)constitucionalidade: uma análise à luz do julgamento do re 1.017.365 pelo STF

Abstract

The objective of the work is to analyze the constitutionality of the indigenous temporal framework thesis, especially in light of the judgment of Extraordinary Appeal 1,017,365 by the Federal Supreme Court (STF). The research adopts a qualitative and explanatory methodology, involving literature review and analysis of legal proceedings, with emphasis on the ruling handed down by the STF regarding the aforementioned appeal, which gave rise to the topic 1031 of general repercussion. The results indicate that the thesis, which conditions the territorial rights of indigenous peoples to continuous occupation since 1988, was considered unconstitutional by the STF, reaffirming that indigenous rights are original and imprescriptible. Furthermore, the work reveals that, despite constitutional guarantees and international support, the implementation of territorial rights faces significant challenges, such as political and economic pressures that threaten indigenous lands. The article also discusses the historical struggle of indigenous peoples in Brazil, marked by centuries of oppression and assimilationist policies, highlighting the importance of the 1988 Federal Constitution as a landmark in the protection of indigenous rights. The research seeks to contribute to the debate on the implementation of fundamental rights in Brazil and the protection of indigenous communities against violations of their rights, recognizing their struggle for dignity and autonomy in their ancestral territories.