Minister Dias Toffoli voted against the time frame for indigenous lands during the trial at the Federal Supreme Court (STF) this Wednesday (20). The position leaves the score at 5 to 2 against the ruralist legal thesis. If there is one more vote in favor of the indigenous people, the Supreme Court will have formed a majority, and the time frame will be defeated.
In a short vote, Dias Toffoli said that the Constitution does not provide for the adoption of a time frame for the demarcation of indigenous lands. And he refuted false information spread by ruralists according to which indigenous people would, for example, expropriate Copacabana beach in Rio de Janeiro (RJ) to use it for demarcation.
:: Understand the compensation for farmers under discussion in the time frame trial ::
“Expressions such as ‘too much land for too few Indians’ are the clearest reference, in my opinion, to this understanding, in clear conflict with the constitutional intention, which is to ensure the right to indigenous lands based on the people’s own conception of their lands “, said Dias Tóffoli.
The STF will define whether it is constitutional or not to consider October 5, 1988, the date of promulgation of the Constitution, as the time frame for the demarcation of indigenous lands. The STF’s understanding will have to be followed by all courts at all levels in the country.
Against time frame 🏹
Dias Toffoli voted against the time frame being judged by the STF this Wednesday (20).
The score is 5 to 2 against the ruralist thesis. If there is one more vote in favor of the indigenous people, the Supreme Court will have formed a majority.#BrasildeFato 📲 https://t.co/UOqXo3JthX pic.twitter.com/geE28jSNMz
— Brasil de Fato (@brasildefato) September 20, 2023
How is the voting
The only votes in favor so far are from the two nominated to the Court by former president Jair Bolsonaro (PL): André Mendonça and Nunes Marques. In addition to Toffoli, ministers Edson Fachin, Alexandre de Moraes, Cristiano Zanin and Luís Roberto Barroso were against the time frame. Cármen Lúcia, Rosa Weber, Luiz Fux and Gilmar Mendes still have to vote.
:: Repeating arguments from ruralists, Mendonça votes in favor of the time frame in the STF ::
If they are unable to prove that they occupied the area on the exact date, hundreds of indigenous groups that were violently expelled from territories – as occurred regularly during the 1964 military dictatorship, for example – will lose their right to land if the thesis is validated by the Supreme Court.
The legal sector of the Indigenous Missionary Council (Cimi) estimates that the approval would affect 90% of the more than 200 indigenous lands that are in the process of demarcation. Therefore, analysis by the STF is called the “judgment of the century” and is considered a priority agenda by all indigenous and indigenous organizations.
Editing: Nicolau Soares