Banca de DEFESA: Larissa Carvalho Furtado Braga Silva

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Larissa Carvalho Furtado Braga Silva
DATE: 26/08/2022
TIME: 14:30
LOCAL: https://meet.google.com/wvw-zxpb-oeb
TITLE:

THE THESIS OF THE TEMPORAL MILESTONE AND THE PROTAGONISM OF INDIGENOUS WOMEN: territoriality under debate by the Supreme Court

KEY WORDS:

Temporal Milestone. 2. Indigenous Territoriality. 3. insurgencies of indigenous women.

PAGES: 125
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The thesis of the Temporal Milestone, attempted especially by landowners and large rural producers, defends a re-reading of Article 231 of the Federal Constitution, which defines that indigenous people have permanent possession of the lands traditionally occupied by them. The argument presented is that only territory that was occupied by the original peoples on October 5, 1988, when the Brazilian Constitution was promulgated, or that has been the object of renitent squatting, can be considered to be under indigenous usufruct. On the occasion of an appeal filed by the National Indian Foundation in a case involving a conflict between the Xokleng people and the Environmental Institute of Santa Catarina, which judicialized the issue, the debate reached the Federal Supreme Court, guardian of the Constitution, which is now responsible for examining this thesis. This trial takes place in the context of the rise of the extreme right in the country, which culminated in 2019 with the election of Jair Bolsonaro as president and the attack on ethnic minorities and setbacks to the guarantees already won by native people. Due to the political scenario of instability and the importance of the discussion presented here, since the recognition of a limit to the indigenous territorial right affects the very existence of the indigenous people, for whom this right is a corollary of the right to life itself; an agenda of mobilizations was organized by the indigenous movement during the year 2021, when the trial began. It was possible to verify, in the midst of the events, the active participation and protagonism assumed by the indigenous women, understood as essential to the sociolegal and political impact intended by the indigenous people. The present study investigates the insurgencies of indigenous women throughout the country in defense of their territoriality and their articulation efforts in confronting the proposed recognition of the Temporal Milestone, as well as the discourses assumed by them in the appropriation of legal theses from a counter-hegemonic perspective. The proposed analysis frames gender as an important category to think about in the debate on indigenous issues in general, since the agendas brought by women have relevant specificities to be appreciated in order to build a construction that allows the fight against violence in an equitable way. A qualitative methodology is used, through bibliographic, documental, and field research. It makes use of a multidisciplinary theoretical referential, going through broad legal and anthropological concepts, in order to fulfill the objective proposed for the work.

BANKING MEMBERS:
Externa à Instituição - SOFIA CEVALLOS VIVAR - EHESS
Externo à Instituição - JOAQUIM SHIRAISHI NETO - UFMA
Presidente - 1999301 - REBECCA FORATTINI LEMOS IGREJA
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN