THE TEMPORAL RESTRICTIONS THESIS: THE DESCONSTRUCTION OF THE PARADIGM

Abstract

This article intends to demonstrate the unconstitutionality of the thesis of the temporal restrictions on the occupation of traditional lands by indigenous people, wich establishing the date of the promulgation of the Federal Constitution of Brazil as a reference for the recognition of the rights over this lands. Each demarcation procedure need to obey the law, demands a thorough anthropological study and must take into account the historical and sociological characteristics of the impacted area. Therefore, this legal institute is in conflict with Brasilian rules and with international documents accepted by the country. The temporal restriction thesis also denies a past of claims for the inclusion of rights in the legal system and a past of rights violations. In addition, it intensifies the territorial conflicts.