Tomorrow (11) at the Federal Supreme Court (STF), the trial of the "Temporal Framework", an action that will define the future of indigenous lands in Brazil, begins. The Court will analyze the action for reintegration of possession filed by the government of Santa Catarina against the Xokleng people, related to the Ibarama-Laklãnõ indigenous land.
The Temporal Framework is a thesis defended by groups opposed to the original rights of indigenous peoples. This understanding attempts to reduce the scope of the constitutional right of indigenous peoples to land.
According to this argument, indigenous peoples would only have the right to the demarcation of their traditional lands if they prove that they were in physical possession of the land, or were in some kind of conflict with the invaders, as they claimed in the Federal Court, on the date of the promulgation of the Federal Constitution of October 5, 1988.
The Time Frame is a racist look, it is a prejudiced look against indigenous peoples. They want to consider the history of indigenous peoples, the experience, the resistance, from October 5, 1988.
They do not respect our history of massacre of expulsions and the persecutions that we continue to suffer to this day. Our history does not begin in 1988! Indigenous peoples did not leave their territories because they wanted to, or because they abandoned them from time to time. Many peoples were decimated, others had to take shelter in more distant places to fear for their lives. If these territories were left unoccupied, it was because of colonization, the indigenous people are not to blame. The real culprit is the people who make the laws in our country.
The Federal Constitution is clear when it provides that: "The Indians are recognized for their social organization, customs, languages, beliefs and traditions, and the original rights over the lands they traditionally occupy, and it is up to the Union to demarcate them, protect and ensure respect for all their assets".
That is why there is no time frame, it was created by the Karaiwa to deny our right to our traditional territories. We join forces with all peoples in this struggle for the right to exist and to have our rights respected by the Brazilian State. We hope that the Supreme Court will bury this attempt to roll back indigenous rights once and for all.
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