The ruralist bench and the effort to make the thesis positive of the time frame

an affront to the constitutional right to the territory of the Original Peoples

Abstract

This is an article aimed at analyzing the main foundations of the legal thesis of the temporal landmark. To this end, the narrative of this construction seeks to highlight the existing connection between the counter-civilizing agenda translated into this thesis and the participation of the rural caucus in the effort to positivize its intentions in the Brazilian legal system. Beside considering the influence of economic sectors on decisions taken at the center of political power, whether in parliament or in the Presidency of the Republic, the perspective is brought forward that the hidden interests inherent to the thesis of the
temporal landmark are concealed in the core of a pretended technical discourse that uses as a subterfuge the allegation that the institution of a regulatory temporal landmark for the demarcation of Indigenous Lands would guarantee greater legal assurance in controversies brought to the attention of the Judiciary. The rationality underlying the thesis of the temporal landmark elects private property as an inviolable value capable of, despite any historical barbarism that has made its conformation possible, overriding the right to land of the Native People. Synthesis of the historical continuity of coloniality, the thesis of the temporal landmark is constituted as an avatar that supports the intention of amnestying the bestialities that were committed against the original nations, while making it impossible to recognize an original right to the territory, inherently indigenous, and therefore, precedent to the institution of the current legal system itself.