This Wednesday (15), the vote on the demarcation of indigenous lands in Brazil is back on the agenda of the Supreme Court (STF). In the session held last Thursday (9), Minister Edson Fachin, rapporteur of the matter, voted against the timeframe and defended that indigenous ownership is different from civil ownership, in addition, he reaffirmed the fundamental character of indigenous constitutional rights , which he characterized as stone clauses.
On Friday (10), indigenous women made a large march with more than five thousand women of different ethnicities. At the time, they set fire to a doll of President Jair Bolsonaro (non-party).
:: Understand the time frame and find out how it reaches the indigenous peoples of Brazil ::
This Wednesday’s session is scheduled to start at 2 pm. This is the sixth session of the trial, in indigenous territories and in Brasília, the peoples are still mobilized
Historical march
The 2nd March of Indigenous Women was held after having its official schedule changed. The march should have taken place on Thursday (9), but due to intimidation caused by pocketnaristas, the act was postponed.
The route has also been changed. Initially planned to last eight kilometers, the act was extended to 11 kilometers and before leaving on a historic march, the women went to block 703 of Asa Sul, at W3, where the indigenous Galdino Jesus dos Santos was burned while he slept at a bus stop having lost his relatives on April 20, 1997.
The member of the Pataxó Hã-Hã-Hãe ethnic group was murdered by young people from the middle class of Brasilia who claimed that it would be “a joke”.
: Read also: Bolsonaro government appointed assassin of the Indian Galdino to a position of trust in the PRF
For weeks, more than 5,000 indigenous people have been camped on the Esplanade of Ministries to pressure the government for not approving the time frame, a thesis defended, above all, by members of the agribusiness sector.
What are the next steps for voting?
For the session this Wednesday (15) the vote of Minister Nunes Marques is expected. For Samara Pataxó, legal coordinator of the Articulation of Indigenous Peoples of Brazil (Apib), the minister “will enter into the merits of his vote, in which he can agree with the rapporteur’s vote, which would be very positive for the territorial rights of indigenous peoples, but may also diverge, in whole or in part, from the vote of the reporting minister”.
After the vote of Minister Nunes Marques, the votes of the other eight ministers will be awaited. However, they can request a new suspension of the process for review, which is called “process views”.
The last to vote must be the president of the STF, Minister Luiz Fux, after all ministers vote.
See some points about the time frame:
What is the time frame?
The bill provides that indigenous peoples would only have rights to lands that were in their possession or under legal dispute until the day the Federal Constitution was promulgated, on October 5, 1988.
Why is the time frame being discussed today?
The process began with the so-called Extraordinary Appeal with general repercussion (RE-RG) 1,017,365, which is being processed at the Federal Supreme Court (STF). The action is a claim for repossession filed by the Environment Institute of Santa Catarina (IMA) against Funai and the Xokleng people.
The disputed land claimed by the IMA is the TI Ibirama-Laklanõ. The territory, in addition to having its original size reduced, has already been ratified by anthropological studies by Funai.
Why is this judgment central to the future of indigenous peoples in Brazil?
In a decision of April 11, 2019, the plenary of the STF unanimously recognized the “general repercussion” of the judgment of RE 1,017,365. This means that what is judged in this case will serve to establish a thesis of reference to all cases involving indigenous lands, in all instances of the Judiciary.
There are many cases of land demarcation and land ownership disputes that are currently under court. There are also many legislative measures that aim to withdraw or relativize the constitutional rights of indigenous peoples. By admitting the general repercussion, the STF also recognizes that there is a need for a definition on the subject.
A process brought by the Institute for the Environment of Santa Catarina (IMA) could affect the future of indigenous peoples in Brazil.
what is at stake?
Recognition or denial of the most fundamental right of indigenous peoples: the right to land
Edition: Anelize Moreira
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