The indigenous time framework under the integrity bias

Abstract

This article deals with the analysis of the indigenous time frame in the light of the conceptual theoretical framework of integrity developed by Dworkin. The first theme comes back to the fore with the trial underway by the Supreme Court, in the case of general repercussion, RE 101737365 STF (theme 1031). It will be defined whether the concept of lands traditionally occupied by Indigenous peoples, in accordance with art. 231 of the Federal Constitution, covers only those occupied by them at the beginning of the validity of the CF/1988, as the theory of the time frame says. Through the theoretical filter of the concept of integrity, one will speculate as the mythical judge Hercules, created by Dworkin, would decide this hard case, observing the moral principles of the community and seeking coherence of every long chain romance in which Law is constituted. In order to answer the problem formulated, qualitative research will be conducted on the previous jurisprudence of the Supreme Court on the indigenous issue, as well as the constitutional evolution on the subject.