RMS 29087 DECISION

LEGAL IMPLICATIONS OF THE TIMEFRAME DOCTRINE ON THE GUYRAROKÁ INDIGENOUS LAND OF THE GUARANI KAIOWÁ PEOPLE

Abstract

The present study, entitled “RMS 29087 Judgment: An Analysis of the Legal Effects of the Time Frame for the Occupation of Guarani Kaiowá Indigenous Land,” is justified by the significant changes in the territorial distribution of Indigenous peoples in Brazil and the need for public policies adapted to this new reality of Indigenous occupation. Accordingly, the research seeks to answer the following question: How does the RMS 29087 judgment, by applying the time frame doctrine, impact the effectiveness of Indigenous territorial rights and the constitutional protection provided in Article 231 of the Federal Constitution? The general objective is to analyze the legal and social impacts of the RMS 29087 judgment regarding the application of the time frame thesis and the normative conflicts involved. The specific objectives are: to assess the territorial distribution of Indigenous peoples and its social implications; to examine the legal arguments used in the RMS 29087 ruling; and to discuss the constitutionality of the time frame doctrine in light of Article 231 of the Federal Constitution. The methodology adopted is descriptive, with a quantitative-qualitative approach, using the deductive method and secondary analysis of the selected bibliography. The study concludes that Indigenous territoriality in Brazil reveals a gap between the rights guaranteed and the reality experienced, calling for more effective policies that are sensitive to the identity and resistance of Indigenous peoples.