The Rectory of Unicamp, a University that, since its foundation, has positioned itself alongside and in support of human rights and democracy, publicly expresses its solidarity with indigenous peoples and its repudiation of the time frame thesis, under trial, now, in the Federal Supreme Court (STF).
According to the time frame thesis, only lands proven to be occupied by an indigenous people on the date of promulgation of the Constitution, October 5, 1988, will be demarcated, or lands that have suffered “reluctant expropriation”, that is, from which a specific indigenous people was violently expelled. However, in this case, the forced eviction would need to be proven and have persisted until the date of promulgation of the Constitution, which would imply, at the very least, a potentially lengthy, expensive legal process with an uncertain outcome.
“The time frame thesis is a legal anomaly.” This observation was made by indigenous lawyer Eloy Terena, in 2018, in one of our Permanent Forums commemorating the 30th anniversary of the Brazilian Constitution. The main legal anomaly of this thesis lies in the fact that it completely disregards the original right of indigenous peoples to their lands, something guaranteed by the 1988 Constitution. The Constitution recognizes that, before the country called Brazil existed, the lands in its territory were inhabited by indigenous peoples – so this is an original right. And the Magna Carta also recognizes the historical process of plundering and forced and violent displacements that victimized many indigenous peoples, throughout the centuries of colonization and Brazil's independent nation.
The constitutional right to indigenous lands guarantees indigenous peoples the maintenance of their ways of life, made up of a universe of knowledge linked to the biomes in which they live. This universe is expressed as a diversity of languages and ways of living, in a varied range of rituals, myths and knowledge about national biodiversity. Furthermore, indigenous lands are today one of the biggest barriers to deforestation, helping the country and the planet in the fight against the climate emergency.
Since 2019, through the Indigenous Entrance Exam, Unicamp has had the enriching experience of the indigenous presence on its campuses. The diversity of knowledge that contributed to our institution made us even more aware of the need to position ourselves in support of indigenous peoples and against the withdrawal of a fundamental right, the right to land, which, in turn, guarantees the right to a full life. and diverse.
Unicamp trusts in the fair and legal judgment resulting from the judgment on the time frame in the STF, making itself available to support the maintenance of a right already guaranteed with data and knowledge.
Unicamp Rectory, September 1, 2023.
