The plenary session of the Federal Supreme Court (STF) resumes the trial of the time frame this Wednesday afternoon (20). The legal thesis is agribusiness’ main bet to stop the demarcation of indigenous lands and question territories already demarcated.
The Court 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.
The voting score is 4 to 2 against the legal thesis defended by ruralists. The only votes in favor are from the two nominated to the Court by former president Jair Bolsonaro (PL): André Mendonça and Nunes Marques.
:: Indigenous extermination and paralyzed demarcations: understand the consequences of the ‘time frame’ ::
So far, ministers Edson Fachin, Alexandre de Moraes, Cristiano Zanin and Luís Roberto Barroso have been against the time frame. Cármen Lúcia, Rosa Weber, Luiz Fux, Gilmar Mendes and Dias Toffoli still have to vote.
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.
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Editing: Rodrigo Durão Coelho