Indigenous people protest against the vote on the time frame scheduled for this Tuesday

A group of indigenous people from the Guarani ethnic group closed the Bandeirantes highway, in the north of São Paulo, at the end of the morning of this Tuesday (30), in protest against the vote on the time frame in the Chamber of Deputies, scheduled for the afternoon.

The indigenous people, who live in communities in the region and in Santos, made a barricade of burnt tires and held banners against the project, which establishes the year 1988 as the time frame for the demarcation of peoples’ lands.

The timeframe project determines that indigenous lands proven to be occupied by traditional peoples on October 5, 1988 – the year the Constitution was enacted – will be demarcated. The vote on the proposal this Tuesday (30) was scheduled after the deputies approved the request for urgency last week.

The agro caucus believes that the project will provide legal security to farmers and promote peace in the countryside, establishing clearer criteria for the demarcation of indigenous lands.

The text presented by the rapporteur for PL 490, deputy Arthur Maia (União-BA), reinforces the application of the 19 conditions that were presented by the STF in 2009 during the judgment on the Raposa Serra do Sol indigenous reserve (PET 3388/RR), confronting the idea that the time frame would result in prejudice or withdrawal of rights conquered by indigenous peoples.

In the opinion of the agro-caucus, the STF, on that occasion, declared the demarcation of the indigenous land demarcation procedure considering the time frame of 10/05/1988 and the 19 conditions.

Among these constraints are points such as the ban on expanding areas already demarcated and the possibility for the Union to decide on the use of wealth whenever there is public interest. It is also stated that the Union can install entrances, communication networks and services for health and education in the demarcated areas.

In addition, there is a provision that indigenous lands cannot be leased and the prohibition of carrying out businesses that restrict indigenous rights. All these points were considered in the substitute presented by the rapporteur of the PL for the time frame, Deputy Arthur Maia.

Entities criticize project

The Attorney General’s Office (PGR) ruled against the approval of the project, and stated, in a note this Monday (29), that the proposal “represents a threat to the right of the original populations to their territory” (see in full).

“The Constitution guarantees indigenous peoples their original rights over the lands they traditionally occupy, with traditionality being a cultural element in the form of occupation of the territory and not a temporal element. Fixing a time frame that conditions the demarcation of indigenous lands by the Brazilian State directly violates the original character of indigenous territorial rights”, highlights the note.

The PGR also analyzes one of the articles of the bill that may allow forced contact with populations in voluntary isolation to carry out “state action of public utility”. According to the Attorney General’s Office, this measure is also unconstitutional, since the Constitution “expressly recognizes the duty to respect the social organization, customs, languages, beliefs and traditions of indigenous peoples”.

In addition to the PGR, the Federal Public Defender’s Office (DPU) also defended the complete rejection of the project, claiming that the approval of the time frame “would represent a serious violation of human rights, contrary to the duties of the Brazilian State explicit in the UN Convention” and other international provisions. .

“It would be nonsense to admit that the same constitutional text had established any time frame for the recognition of indigenous lands”, highlight the defenders in the note.