STF resumes trial of indigenous lands amid protests and discussions in Congress

This Wednesday, the Supreme Federal Court (STF) resumed the trial on the termination of indigenous lands, amid protests by representatives of indigenous peoples against the provision and the progress of the discussion on the subject in the National Congress.

The trial, which is 1 vote to 1 and had been paralyzed in 2021 by a request for an opinion from Minister Alexandre de Moraes, will be resumed with the vote of the magistrate. The trend, according to what Reuters learned from sources of the Supreme Court, is towards the overturning of the thesis, but a new request for revision is not excluded.

Since last week, indigenous people have been camping in the central area of ​​Brasilia to put pressure on the authorities to reject the adoption of the term and follow up the analysis of the case at the Esplanada dos Ministérios. A delegation of leaders, including the Xokleng people, who are at the center of the discussion of the case, will follow the plenary judgment of the STF.

In general, the temporal thesis, if successful, would introduce some kind of dividing line for the demarcation of indigenous lands. Lands would only be subject to demarcation if Indians were proven to be on them until the promulgation of the Constitution on October 5, 1988. Otherwise, there would be no such right.

The matter gained more prominence last week after the Chamber of Deputies approved a bill to establish the time frame by 283 votes to 155, with strong support from the rural group and the approval of the President of the Chamber, Arthur Lira (PP-AL).

Hollywood actors such as Leonardo DiCaprio and Mark Ruffalo have even demonstrated on social media against the approval of the proposal by the House.

The draft on the issue went to the Senate, where it should have a slower pace of voting than in the House.

Data from the Map of Violence against Indigenous Peoples produced by the Indigenous Missionary Council (CIMI) in 2021 indicates that, of the 1,393 indigenous lands in Brazil, 437 have been registered or ratified in the country.

Cimi’s legal adviser, Rafael Modesto, estimated to Reuters that a decision in favor of adopting the timeline will impact 90-95% of all indigenous communities in Brazil.

For Modesto, if the thesis passes, even areas already delimited under the Constitution can be the subject of requests for judicial review, since the term is limited to physical possession in October 1988.

“This would mean cultural loss, loss of languages, customs and traditions. Without land, without indigenous existence, the approval of the time frame is the beginning of genocide,” criticized the Cimi adviser.

During the government of former President Jair Bolsonaro, who defended the landmark, no new delimitation of indigenous lands was made. The new government of President Luiz Inácio Lula da Silva has resumed the trials.

Source: Terra

Rose

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