THE TIMEFRAME AND THE JUDICILIZATION OF THE DEMARCATION OF INDIGENOUS LAND IN BRAZIL

Abstract

The delay of the Federal Executive Power in the demarcation of indigenous lands has resulted in recurring intervention by the Judiciary, giving rise to the phenomenon of judicialization of demarcation processes, which, although not recent, was intensified with the establishment of the time frame thesis after the judgment of the Petition 3.388/RR, by the Federal Supreme Court. The use of this thesis affected the constitutional guarantee of the original right of indigenous peoples over the territories they traditionally occupy, provided in the 1988 Constitution, since it started to be used as a basis in legal actions to annul the demarcation of lands already concluded and to deny recognition of territorial right. Therefore, this paper aims to analyze the constitutionality and the effects of using the time frame thesis in the judicialization of administrative processes for the demarcation of indigenous lands in Brazil.