INCONSTITUCIONALIDADE, INCONVENCIONALIDADE E COLONIALIDADE DO MARCO TEMPORAL EM TERRITÓRIO INDÍGENA

Abstract

The article aims to defend theoretically and legally that the temporal framework in indigenous territory is unconstitutional, unconventional and colonial. To this end, it will be necessary to understand, through the Draft Amendment to the Constitution 215/2000, the ´Petition 3388/2009, the Opinion 001/2017 issued by the Attorney General’s Office (AGU), the Ordinary Appeal in Writ of Mandamus (RMS) 29087, Rescissory Action (AR) 2686 and Extraordinary Appeal 1,017,365, how the temporal framework was structured in the political and legal sphere. After analyzing these documents, the research concludes that the temporal framework, while setting the promulgation date of the 1988 Constitution as a limit for the demarcation of indigenous territories, breaks, in particular, with the Federal Constitution, the International treaties on human rights and reinforces all the types of colonial violence suffered by native peoples through the coloniality of power, knowledge and being. The article is the result of the postdoctoral research internship at the Law program in the Human Rights and Contemporary Rights research line at the Federal University of Piauí.