Controvérsias em torno da tese do marco temporal indígena: diferentes ontologias

Abstract

The popularly known “Indigenous Time Frame Thesis” (a benchmark for reassessing Indigenous land rights) has drawn significant attention in the Brazilian context and has been the subject of intense legal, political, and social disputes. The debates surrounding it focus primarily on controversies regarding its constitutionality. Methodologically, this study aimed to characterize the controversies surrounding the Time Frame Thesis. This approach enabled the mapping of actors and their actions across the technical-legal, political, and scientific fields. Furthermore, beyond the legal and political discussions about the law’s constitutionality, the study delved into theoretical ontological debates. The controversies revealed a clash between two main groups: on one side, those who defend the constitutionality of the law; on the other, those who challenge the constitutionality of certain provisions. One group is guided by a dualist ontology rooted in modernity, reflected in the discourse of the thesis's defenders. The opposing group is guided by a relational ontology, which informs those who contest the Time Frame Thesis. Thus, the research uncovers not only legal controversies but also a broader ontological debate between different ways of thinking and inhabiting the world.