A inconstitucionalidade do Marco Temporal de ocupação de territórios indígenas: uma perspectiva crítica do seu papel na persistência do racismo fundiário

Abstract

This study elucidates the Temporal Milestone, a legal thesis that establishes a temporal cut-off point for the recognition of indigenous territories, and investigates a possible conflict between this thesis and the indigenous rights guaranteed in the 1988 Federal Constitution. It also seeks to weave a causal link between this legal position and the preservation of a society structured by agrarian racism. To this end, the study draws up a history of the struggle for recognition of the territorial rights of indigenous peoples, and then analyzes the judgment of this thesis by the Federal Supreme Court (FSC) in Extraordinary Appeal 1.017.365. With its concept already defined, the Temporal Milestone is presented as a project whose intention is to perpetuate the concentration of land in Brazil, using the deductive method. In addition, the work is developed based on bibliographic research. In the end, the research supports the unconstitutionality of the temporal milestone thesis, as recognized by the FSC. It thus reveals the attempt by the mostly white private sector to regulate this legal interpretation so that agribusiness can expand into the territories of indigenous peoples, in order to preserve Brazil's structurally racist land ownership model.