Ressurgência e retomada indígena: uma análise crítica do julgamento do marco temporal pelo Supremo Tribunal Federal

Abstract

Based on a critical analysis of the trial of the Extraordinary Appeal n°. 1.017.365/SC, by the Federal Supreme Court (STF), what advances and/or obstacles can be identified in the process of recognizing and enforcing the territorial rights of indigenous peoples in Brazil? We work with the hypothesis that the STF’s understanding of the unconstitutionality of the temporal march thesis is important, but that, through a critical analysis, it is possible to observe several other obstacles in this path, mainly due to the lack of commitment to current legal norms and the traditional model of legal decision-making and interpretation with a radical transformation of the legal and political systems and the existing colonialist nuances. The research method to be used is critical legal studies and TribalCrit (indigenous critical studies of Law), with the case study technique and with bibliographic and documentary research. The general objective is to analyze the aforementioned trial, based on the chosen theoritical framework, in order to make diagnoses about the current scenario and critical prognoses about this reality. The methodological choice and delimitation of the problem are justified, as only the case study based on indigenous critical theories is able to identify that the result of the analyzed trial is incapable of completely overcoming the settler-colonialism that has marked the Brazilian State’s relationship with the original peoples for centuries.