CEU Electronic Theses and Dissertations, 2025
| Author | Ribeiro, Heloisa Cristina |
|---|---|
| Title | "The Future is Indigenous": Inter-American Jurisprudence and Indigenous Knowledge Applied to a Critical Analysis of the Temporal Landmark Debate in Brazil |
| Summary | This thesis critically examines the weakening of Indigenous rights in Brazil through the adoption of the Temporal Landmark thesis and Law 14.701/2023. The research investigates this legislative process's historical and political trajectory, beginning with the 2009 Raposa Serra do Sol decision and turning into law in 2023. The thesis demonstrates how the Brazilian Supreme Court's interpretation of the 2009 decision was strategically used by deputies close to the agribusiness sector to justify limitations on Indigenous land rights. Through a comparative analysis, it evaluates the jurisprudence of the Inter-American Court of Human Rights (IACtHR), regarding the rights to property and consultation, and contrasts it with the vote of Justice Edson Fachin in RE 1017365, which declared the Temporal Landmark thesis unconstitutional. Additionally, the thesis explores the role of Indigenous knowledge and practices as ontologically different from an extractive-based economy. The concept of Bioeconomy is argued to be a framework that benefits from Indigenous knowledge in promoting a sustainable and ethical economy. While recognizing the transformative potential of Bioeconomy, the study questions the institutional, political, and logistical barriers to the effective implementation of this alternative. The research concludes that Law 14.701 reflects the dominance of extractive economic interests over human rights standards. |
| Supervisor | Gomes, Juliana Cesario Alvim |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2025/ribeiro_heloisa.pdf |
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