While the Senate approved a project that requires respect for the timescales for defining indigenous lands, the STF ruled that the principle is unconstitutional
BRASÍLIA – Two institutions, two decisions. The Federal Supreme Court (STF) last week rejected the argument relating to the timing of the delimitation of indigenous lands. This Wednesday, the 27th, it was the Senate’s turn to decide differently. The Legislative Chamber has approved a project that establishes the time frame as a reference for the definition of the areas. The project, which has already passed the Chamber, will be approved by President Luiz Inácio Lula da Silva. The divergence can cause legal confusion until the legislature and the judiciary reach an agreement.
The term is the principle that limits the delimitation of lands to places that were occupied by indigenous peoples until the promulgation of the Constitution in 1988.
Lula will take the next step. It will be up to him to decide whether to sanction the text as it came out of Congress or to veto some parts of the project. In the event of a veto, Parliament still has the power to overturn the presidential decision and return to the original text approved in the House and Senate.
In the meantime, trials to demarcate indigenous lands and lawsuits challenging the demarcation of reserves may be put on hold. It is unlikely that a judge will want to contradict the STF’s decision, which will become formally applicable only after the publication of the ruling on the merits. And it could take 60 days.
On the other hand, the federal government, in charge of delimiting the new indigenous reserves, will have to choose which path to follow: the STF’s decision or the project approved by Congress. If Lula vetoes any section, the version approved by the president will stand until the Legislature overrides the veto.
There is still the risk that entities and parties will appeal to the Supreme Court itself to try to invalidate the project approved by Congress. It will be up to the STF to decide whether to issue, even if on a preliminary basis, an order suspending the validity of the new law approved by deputies and senators.
Source: Terra
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