Demarcation of indigenous lands: Fux suspends session, and rapporteur will conclude vote this Thursday | Policy

The Supreme Court (STF) suspended this Wednesday (8) the judgment on the time frame in the demarcation of indigenous lands.

Since August 26, the STF has judged whether the demarcation of indigenous lands should follow the criterion that defines that Indians can only claim the demarcation of lands that were already occupied by them before the date of promulgation of the 1988 Constitution, the so-called “time frame”. Fachin is reporting on the case.

The expectation was that the vote of the rapporteur, Minister Edson Fachin, would be read in full at the session. Fachin began reading, however, he did not enter into the merits of the issue discussed, as the session was closed earlier so that the ministers could hold hearings scheduled for this afternoon.

The president of the STF, Luiz Fux, understood that it would be better to resume this Thursday (9) so that the reading was not interrupted. According to the STF, the suspension of the trial had already been agreed earlier between the ministers, who agreed, and there were no problems related to the security of the Court.

Last week, more than 30 entities interested in the cause, the attorney general of the Union and the attorney general of the Republic, were heard.

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 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 follow judgment on time frame for land demarcation

Indigenous people follow judgment on time frame for land demarcation

Indigenous people are against the recognition of the “time frame” thesis, while rural landowners argue that the criterion is important to guarantee legal certainty. President Jair Bolsonaro (no party) is in favor of the thesis.

The case is being judged by the STF, since, 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.

Reaction to Bolsonaro’s speech

Fux: 'The Federal Supreme Court will never accept threats to its independence, nor intimidation'

Fux: ‘The Federal Supreme Court will never accept threats to its independence, nor intimidation’

At the opening of the session on Wednesday (8), the President of the Court, Minister Luiz Fux, reacted to President Jair Bolsonaro’s speech during a demonstration on September 7th, and stated that “no one will close” the Court and that he contempt for judicial decisions for part of the head of any power constitutes a crime of responsibility.

This Wednesday (8), the president of the Chamber of Deputies, Arthur Lira (MDB-AL) and the minister of the Civil House, Ciro Nogueira, went to the Supreme Court to talk with ministers after threats from Bolsonaro, according to the columnist of the G1 and of the GloboNews Ana Flower.

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