A DICOTOMIA SOCIOJURÍDICA ACERCA DO MARCO TEMPORAL PARA DEMARCAÇÃO DE TERRAS INDÍGENAS NO BRASIL: ASPECTOS DE SOBERANIA, DIPLOMACIA E SEGURANÇA FUNDIÁRIA

Abstract

This scientific article investigates the socio-legal dichotomy surrounding the temporal framework necessary for the demarcation of indigenous lands in Brazil, highlighting challenges of sovereignty, diplomacy, and land security. The study addresses the divergence between the jurisprudence established by the Supreme Federal Court in General Repercussion Thesis No. 1,031 and the provisions of Law 14,701/2023, which regulates indigenous territorial rights under temporal possession criteria. The methodology is qualitative and bibliographic, focused on documentary and doctrinal analysis. Key findings discuss the impact of the new legislation on land stability, the rights of indigenous peoples, and the economic and social repercussions of this dichotomy. It concludes that Law 14,701/2023 poses risks to indigenous rights and legal security, fostering tension between economic interests and the preservation of the culture and dignity of indigenous peoples. Regarding the proposed hypothesis, the research confirms it, specifically through the application of the General Repercussion Thesis and the Temporal Framework Law on claims arising from land conflicts and litigation, as well as the discord between societal and economic sectors.