INDIGENOUS RIGHTS AND THE JUDGMENT OF RE 1.017.365
BETWEEN THE "INDIGENATO" AND THE "MARCO TEMPORAL" THESES
DOI:
https://doi.org/10.17564/2316-381X.2024v9n3p310-328Abstract
The present work is an analysis, from a legal perspective, about Extraordinary Appeal 1,017,365, in order to discuss which indigenous rights are present in the appeal and the way in which these rights circumscribe indigenous peoples, focusing mainly on theses of “indigenato” and the “time frame of occupation”, which represent the main spheres of legal approach in the appeal. Thus, through an adopted methodological path, it was demonstrated that the Indigenato thesis achieves greater effectiveness in terms of constitutional and fundamental guarantees for indigenous peoples, as it guides the understanding of indigenous populations as holders of the right to traditionally occupied lands