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Historia

27 Jun 2023

Brazil: Temporal framework threatens rights of Brazilian indigenous peoples

Marcelo Camargo/Agência Brasil

The Temporal Framework is a legal thesis that argues that indigenous peoples only have the right to demarcation of their traditional lands if they were occupying those lands on 5 October 1988, the date of publication of Brazil's Federal Constitution.

The thesis has been defended by rural sectors and politicians opposed to the rights of indigenous peoples, who argue that the lack of a defined date for the occupation of lands by indigenous people creates legal uncertainty and land conflicts. However, it is widely criticised by jurists, indigenous organisations, social movements and environmentalists, who point out that the thesis is a step backwards for the rights of indigenous peoples and an affront to their dignity and survival. In addition, many indigenous communities were expelled from their lands during the military dictatorship and were only able to return after the date set by the thesis, which could result in serious violations of their human rights.

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