This article presents a critical analysis of the decision of the Supreme Court (STF) regarding the approval of the Raposa/Serra do Sol (TIRSS). The favorable judgment to the approval was conditioned by nineteen (19) safeguards and was an unprecedented decision in the country providing a pretext for revisionist maneuvers on other indigenous lands on several fronts of the government, the Federal justice and the Parliament. For the development of this analysis the article adopts approaches from the philosophy of language and pragmatic linguistics in order to ascertain what the safeguards actually “did” while “the law was being said” on the TIRSS’s case. It appears from the analysis that the Supreme Court was not intended only to recognize the approval of TIRSS, but to produce a new legal consensus on the original right of Indigenous Peoples to their ancestral lands.
Indigenous land rights; Indigenous policies; Indigenism; Indigenous territories