Marco temporal e terras indígenas: análise da (in)constitucionalidade do Projeto de Lei 490 e os seus efeitos sobre a TI potiguara de Monte-mór

Abstract

The Bill project no. 490 of 2007 has the intention of relativizing the rights of indigenous people over their lands. Indigenous Lands (IL) that were not occupied until 1988 would not be recognized, creating a temporal mark from which the full exercise of these rights could be exercised. The central objective of this work is to analyze the constitutionality of this bill, both legally and historically, observing the effects of a possible approval of this bill for the indigenous peoples of Paraíba, especially in the Potiguara Indigenous Territory of Monte-Mór. We seek to present relevant facts and reflections for the construction of a legal basis that can help in the understanding of this conflict of interests and positions, which can exterminate cultures and traditions. This work was also based on the research of several scholars, among them Estevão Palitot and Amanda Soares, besides the necessary reading of the Constitution itself and the infraconstitutional laws that surround the theme and the analysis of the jurisprudence of the case. This is a bibliographical and documental research with a case study, having carried out interviews with indigenous leaders from Paraiba on the theme. We conclude that if the PL is approved, the effects on Paraíba indigenous lands will be very harmful, besides being a serious affront to the Constitution, especially to articles 5 and 231.