The struggle of indigenous peoples in Brazil against the Temporal Framework: an analysis with Michel Foucault on the political influence of social movements in the Brazilian legislative process

Abstract

This article aims to construct a history of the present that addresses the struggle of indigenous people in Brazil to remain in the original territorial spaces that allow the way of life of these people to persevere, that is, for the indigenous people and their way of living to resist in Brazil. The approach will be based on the analytical tools that the philosopher Michel Foucault provided us, thus, we will analyze how the struggle of Brazilian indigenous people permeated discursive power relations and, in particular, legal discourse, that which has the materiality qualified by “force-of-law”, and which through the constituent movement resulted in the Indigenato welcomed by the Federal Constitution of 1988. We also analyze how at the present moment the legislative speeches that affirm the Marco Temporal thesis, in violation of the Federal Constitution, puts the guaranteed rights and lives of original people in risk. The methodology used was historical and discourse analysis with a pragmatic bias, as well as documentary and qualitative research on laws and bills, as well as bibliographical research and comparative analysis.