O TEMPORAL BOUNDARY AND INDIGENOUS LANDS DEMARCATION IN BRAZIL

Abstract

This article proposes to understand the legal framework of indigenous lands demarcation in Brazil. The article analyses the historical and jurisdictional context of indigenous lands demarcation as necessarily step to understanding the named Temporal Occupancy Boundary. The starting point of this research is the constitutional lecture of legal Acts that ruling the indigenous protection regarding their function in the protection of original people interests. To get this goal, the article utilizes hypothetical-deductive methodology and from bibliography research analyses the law and the leading cases. The results point that the difficulties in to give effectiveness to territorial rights is located in historical misunderstanding of ethical pluralities. The article concludes that Temporal Occupancy Boundary is a wrong and insufficient criterion to attend to constitutional requirements. It is proposed an critical approach that take account of the legal certainty and the technical standards to analyse the conflicts linked to indigenous lands.