Fundamental right to territory from the perspective of liquid authoritarianism

the lawfare practices against indigenous rights and the absence of non-repetition policies

Abstract

https://doi.org/10.1590/2179-8966/2025/83817i

This article aims to analyze the structural cause(s) that come compromising the right to existence held by the indigenous peoples from their deterritorialization, thus conceived as a phenomenon that transcends the geographical dispossession historically imposed on the indigenous peoples of Brazil and Latin America. From the verification of the use of the Law with the intention of generating the corrosion of the existential guarantee to the solidly consecrated traditional land solidly enshrined by national and international laws, as well as in the face of the willful resignification of the legal concept of "indigenous land", we found the practice of lawfare, with a current example, the proposition of the so-called time frame for indigenous lands in its versions before the Judiciary and the Legislative Branch. Finally, it should be noted that the repeated and incessant cycles of violations of the fundamental right to indigenous land result from the non-implementation of non-repetition policies in Brazil as one of the axes of Transitional Justice, structural obstacle that prevents the plenitude of indigenous citizenship in Brazil. To this end, the hypothetical-deductive method was used, through a literature review.