INDIGENOUS LAND TIME FRAME IN BRAZIL: CONSTITUTIONAL AND JURISPRUDENTIAL ANALYSIS

Abstract

The discussion regarding the indigenous land time frame has become central in contemporary Brazilian legal debate, particularly within the Brazilian Supreme Federal Court (STF). The thesis argues that indigenous peoples would only have rights to lands they were occupying on October 5, 1988, the date of the promulgation of the Federal Constitution. This study aims to analyze the constitutional and jurisprudential foundations related to the time frame thesis, as well as its legal, social and institutional impacts. Methodologically, this research adopts a qualitative approach based on bibliographic and documentary analysis, including the Brazilian Constitution, Supreme Court decisions, recent legislation and academic literature on Constitutional Law and Indigenous Rights. The findings indicate that the Brazilian Constitution recognizes the original rights of indigenous peoples over the lands they traditionally occupy, regardless of proof of occupation on a specific date. The analysis of recent jurisprudence shows that the Supreme Court has reaffirmed constitutional protection of indigenous territorial rights, rejecting the time frame thesis due to its incompatibility with principles such as human dignity, cultural pluralism and protection of traditional peoples. The study concludes that the protection of indigenous territories represents not only a constitutional guarantee but also a fundamental instrument for preserving the cultural, environmental and social integrity of indigenous communities.