Terras tradicionalmente ocupadas pelos indígenas: a judicialização do processo demarcatório das terras tradicionalmente ocupadas

Abstract

The indigenous territorial issue has never been more in evidence than in the last thirty years, especially after the advent of the 1988 Constitution of the Federative Republic of Brazil (CRFB/88). However, the search for the realization of the rights conquered by the indigenous people, regarding the demarcation of their territories, began much earlier. The origin of this struggle began as soon as Pedro Álvares Cabral arrived on the continent, back in the 1500s, gaining strength from the 1960s and 1970s, with the assemblies of the most different indigenous peoples who understood that they could join forces in their claims as equals. and support each other as individuals. It was from the emergence of pan-indigenous awareness, an idea developed by the indigenous writer Daniel Munduruku, in 2012, when studying those mobilizations, that the struggle for indigenous rights had a considerable boost. The pre-constitution period was important for the original peoples, because with the promulgation of the Constitution of the Federative Republic of Brazil, on October 5, 1988, the demarcations began to be effective. Article 231 of the Magna Carta raised the recognition of this right to constitutional status. That was when, protected by original law, they began the search for the demarcation of indigenous territories. However, it was in this same period that the temporal framework thesis emerged, arguing that only those actually occupied on October 5, 1988 should be demarcated as indigenous lands. From the debate, which is political, social and legal, arose this Master's dissertation.