On Wednesday, the STF resumed the judgment that discusses whether the demarcation of indigenous lands should follow the criterion called “time frame”. Under this rule, Indians can only claim lands that were already occupied by them before the date of promulgation of the 1988 Constitution.
The AGU defended that “isonomy and legal security to the demarcation processes of indigenous lands” must be guaranteed and that there is an ongoing parliamentary debate, in the Chamber of Deputies, on the subject. “It is prudent to wait for this procedure,” he said.
“In the judgment in the Raposa Serra do Sol case, this Supreme Court established guidelines and safeguards for the promotion of indigenous rights and for guaranteeing the regularity of the demarcation of their lands. , except in the case of persistent dispossession by non-Indians,” said Bianco.
The Jair Bolsonaro government is in favor of the “time frame” thesis and, since taking power, has stalled land demarcation processes. The indigenous people are against the thesis and argue that the criterion can even lead to the revocation of demarcations that already exist.
Time frame on indigenous lands: understand point by point what is judged in the STF
The trial began last Thursday (26), but was interrupted after the reading of the summary of the case by Minister Edson Fachin, rapporteur of the case.
On Wednesday, in addition to the AGU, more than 30 entities interested in the cause and the attorney general of the Republic should be heard. Only then does the rapporteur read his vote, which should take place on Thursday.
The decision of the STF ministers is awaited by thousands of indigenous people from various regions of the country who have been in Brasília for 8 days at the “Luta pela Vida” camp, set up about two kilometers from the National Congress. Currently, there are more than 300 processes for the demarcation of indigenous lands open in the country.
Indigenous people are against the recognition of the “time frame” thesis, while rural landowners argue that the criterion is important to guarantee legal security. President Jair Bolsonaro (no party) is in favor of the thesis.
The case is being judged by the STF because, in 2013, the TRF-4 applied the “time frame” criterion by granting the Santa Catarina Environment Institute an area that is part of the Sassafras Biological Reserve, Ibirama LaKlãnõ Indigenous Land.
After the decision, Funai sent an appeal to the Supreme Court challenging the TRF-4 decision. The understanding of the STF may be applied in other similar decisions in Brazil.