A teoria do marco temporal da ocupação indígena no julgamento do caso raposa serra do sol e suas implicações para os povos indígenas do Brasil

Abstract

The trial of the 'Raposa Serra do Sol' in the Brazilian Supreme Court created a great impact not only the immediate result of the decision - the statement of the regularity of demarcation in a continuous manner - but also by using the theory of the timeframe of the Indian occupation as new parameter to guide the interpretation and application of the territorial rights of the Indians. However, disparities between the collegial discussions and the writing of the final decision, as well as the limited information in the doctrine and jurisprudence homelands, necessitates a deep study and analysis of so-called theory of the timeframe of the Indian occupation. Thus, this paper aims to study the theory attempt to clarify its purpose, its origins and its implications for the territorial rights of indigenous peoples in Brazil, as well as comparing how such a theory was elaborated and discussed by the Supreme collegial and that crystallizad in writing the final decision of the trial.