Oré Rogwatá: The struggle of indigenous peoples against the unconstitutionality of the Temporary Framework

Abstract

In this text, I will discuss the dismantling of the constitutional rights of indigenous peoples, emphasizing the initiatives of the National Congress aimed at reducing the protection of these rights, enshrined in the 1988 Federal Constitution. To begin this analysis, we will present an overview of the struggle and participation of indigenous peoples in the process of drafting the new constitution. Next, we will explore the bills presented by the Brazilian legislature that seek to regulate Article 231, Chapter VIII of the 1988 Constitution, taking into account the Temporal Framework thesis and the actions of the indigenous movement in confronting this unconstitutionality imposed by the state. This article is not intended to exhaust the discussion, but rather to shed light on the indigenous perspective and argue that attempts to take away rights, especially regarding land, are motivated by economic interests and the pursuit of appropriation of indigenous lands.