Chamber approves urgency to vote on project on time frame
The Chamber of Deputies approved this Wednesday night (24) the urgency requirement for Bill 490/2007, which intends to make law the thesis on the time frame for the demarcation of indigenous lands. There were 324 votes in favor of urgency, 131 against and 1 abstention.
With this, the text will be analyzed directly in plenary. The mayor, Arthur Lira (PP-AL), said that the project will be analyzed next Tuesday (30) and that, previously, it had already passed through the committees. According to Lira, Parliament needs to address the issue urgently, as there is a chance that the Federal Supreme Court (STF) will address the issue, if the Legislature does not define it.
Last month, the President of the Federal Supreme Court (STF), Minister Rosa Weber, announced that the Court will resume the judgment on the time frame for the demarcation of indigenous lands on June 7th. Part of the parliamentarians defend that the theme should be defined by the Legislature.
In a statement, the president of the Agricultural Parliamentary Front (FPA), deputy Pedro Lupion (PP-PR), stated that the project “is not ideological, but a constitutional guarantee of the right to property”.
Deputy Célia Xakriabá (Psol-MG), accompanied by Psol parliamentarians in the tribune, protested with posters contrary to the project. She stated that the vote on the timeframe is a step backwards, invades a topic already under discussion by the Supreme Court and violates the rights of indigenous peoples, informed Agência Câmara. “The pen has murdered our rights. This is not a party agenda, but a humanitarian one,” said the deputy.
According to the thesis of the temporal framework, the ownership of the land they were in on the date of enactment of the Federal Constitution of 1988 will be guaranteed to the indigenous people, following the provisions of Article 231 of the Magna Carta. On the other hand, they will not have rights to the lands they occupied or invaded after October 5, 1988.
The STF had ratified this interpretation in 2009, in the judgment on the demarcation of the Raposa Serra do Sol reserve. On that occasion, the Court ruled in favor of the indigenous people and against rice farmers who arrived in the region in the 1990s – after the promulgation of the Constitution. In that judgment, the understanding that prevailed was that the date of October 5, 1988 was crucial for the definition of land tenure.
Before the vote, the agribusiness group in the Chamber pressed for progress in the analysis of the text. If this does not happen, the sector estimates that 1.5 million jobs could be lost.
The Agricultural Parliamentary Front claims that PL 490/07 guarantees legal certainty and provides compensation to landowners who had lands demarcated as indigenous properties, as long as the timeframe – 1988, which was defined by the Federal Supreme Court in a previous judgment, was respected.
Data from the Observatório Jurídico do Agro also reveal that, if there are changes in the framework defined by the STF, and new rules for land demarcation, Brazil would fail to collect about US$ 42 billion from the export of agricultural products.
The Marco Temporal PL is seen as an attempt by the Lula government to approach the agro, and to anticipate a possible Supreme Court review of the conditions established by the Court in 1988 for the demarcation of indigenous lands in the country.
The Minister of Agriculture, Carlos Fávaro, said this Monday (22), in an interview with the program Living Wheelfrom the TV Culturea, which is in favor of the temporal framework of indigenous lands.
Furthermore, according to him, President Luiz Inácio Lula da Silva wants to improve relations with agribusiness, despite the tension between the sector and the PT administration. According to Fávaro, Lula “successively asks to be close to the agro”. “(The president) wants to get closer, he asks me why they don’t like him,” said Fávaro.
The relationship between the government and agriculture has deteriorated with the series of invasions of productive properties by the Movimento dos Sem Terra (MST).