Marco temporal e a luta pelos direitos indígenas: uma perspectiva histórica e política

Abstract

This work aims to reflect on the rights of indigenous peoples enshrined in the Federal Constitution, considering the context of the Supreme Federal Court's decision in Petition 3.388, which introduced the "time frame" thesis to invalidate and deny indigenous demarcations and occupations, concomitant with the study of Extraordinary Appeal 1017365, which considered the measure unconstitutional. Furthermore, the analysis will be conducted in conjunction with an understanding of the approval of Law 14.701/2023, which was the first law to regulate the "time frame" for occupation. The research adopts a critical approach directed at the actions of the powers and the presentation of the relevance of the indigenous movement as a driving force for the preservation of forests and the ecosystem, aiming to guarantee the balance between human beings and the environment.