The history grinding machine

indigenous peoples, interculturality and insurgent law in the face of the temporal framework

Abstract

This article aims to understand the disputes surrounding the thesis of the time frame until December 2024, seeking to analyze how different conceptions of territory, which are expressed in diverse forms of life and political organization, conflict in this process. It starts from the hypothesis that there is a structural incompatibility between original ways of life and modern state-legal logic, which is expressed materially and ontologically. Methodologically, qualitative research was conducted based on documentary and bibliographic analysis. The work dialogues with Catherine Walsh's contributions on interculturality and with formulations that challenge the law from a historical-materialist perspective, such as those developed by Piotr Stutchka and Ricardo Pazello, in addition to incorporating contributions to reflect on territoriality and political ontology. The analysis of legal processes demonstrates that, even after the Supreme Court declared the thesis unconstitutional, the institutionalization of Law No. 14,701 and the passage of PEC 48 reveal the continuity of the colonial-capitalist offensive. Based on this, the limits of legal pluralism are problematized, and it is proposed to understand interculturality as a dimension of insurgent law, which, by articulating tactical (mis)uses of law, affirms the possibility of other possible worlds, in resistance to the ontological homogenization operated by the modern state and the expansion of capital.