Povos indígenas, justiça de transição e marco temporal em Mato Grosso do Sul

Abstract

This article examines the political repression faced by Indigenous peoples in the Brazilian state of Mato Grosso do Sul, through the lens of transitional justice studies and the legal controversy surrounding the timeframe thesis for land demarcation. The central objective is to demonstrate how Brazil’s democratic transition failed to include Indigenous peoples in its reparation mechanisms, perpetuating institutional violence and state omission, particularly in territorial matters. The methodology employed consists of qualitative and documentary analysis, drawing on official reports from the National Truth Commission (CNV), the Indigenist Missionary Council (CIMI), legal actions by the Federal Prosecutor’s Office, and documents issued by international human rights bodies. The findings reveal that Mato Grosso do Sul has the highest rates of Indigenous homicides and suicides in the country, a legacy of state violence intensified during the military dictatorship and unresolved since the 1988 Constitution. The article argues that the timeframe thesis poses a legal barrier to the enforcement of original land rights and that the absence of transitional justice mechanisms specific to Indigenous populations contributes to ongoing conflict. The recognition and demarcation of traditional lands are presented as essential measures for historical reparation and social justice.