THE UNCONSTITUTIONALITY OF THE TIME MARK: RELATIVIZATION OF THE RIGHTS OF INDIGENOUS PEOPLES

Abstract

This article aims to analyze the allegation of unconstitutionality of Bill 409/07, which deals with the process of demarcation of indigenous lands, since the time frame thesis seeks to restrict territorial rights when it introduces a date to consider a certain indigenous land valid. The research uses the qualitative method, and the data was obtained through bibliographic and documentary research. In the first chapter, the historical trajectory of indigenous communities was addressed, highlighting the cultural relativism that permeates their experiences and social practices, as well as the environment of cultural diversity that is part of the debate on the time frame. The second chapter explores the constitutional guarantees guaranteed to indigenous peoples by the 1988 Federal Constitution, especially in article 231, which recognizes their original rights over the lands they traditionally occupy. Furthermore, international parameters that influence the Brazilian legal system were analyzed, such as Convention 169 of the International Labor Organization and the United Nations Declaration on the Rights of Indigenous Peoples, which reinforce the protection of the territorial and cultural rights of these peoples. Finally, the third chapter addresses the emergence of the time frame thesis, highlighting the decision handed down by the Federal Supreme Court (STF) in the Raposa Serra do Sol case, which established precedents for the discussion on indigenous territorial rights. Although the STF declared the thesis unconstitutional, the recent promulgation of Law 14,701/2023, which incorporates the time frame thesis, raises concerns about respect for indigenous rights. This law, in force, contradicts constitutional principles and international commitments, accentuating legal uncertainty and increasing territorial conflicts. The analysis carried out throughout the work reveals the complexity of the indigenous issue in Brazil, which involves an intersection between historical rights, constitutional guarantees and contemporary challenges. The conclusions point to the need for an approach that respects the autonomy of indigenous peoples and recognizes their history, promoting a dialogue that takes into account both the fundamental rights of these communities and the requirements of sustainable development in the country.