PT files a lawsuit with the STF asking the Court to overturn the time frame law

The Workers’ Party (PT) asked the Federal Supreme Court (STF) to overturn the law that established the time frame for the demarcation of indigenous lands. The rule, approved by Congress, determines that new reserves can only be demarcated in areas that were already occupied by indigenous people on the date of promulgation of the Federal Constitution, on October 5, 1988. Minister Gilmar Mendes was selected as rapporteur for the process this Tuesday -Friday (2).

Direct Unconstitutionality Action (ADI) 7583, with a request for an injunction, is also signed by PCdoB and PV. The parties argue that the STF has already concluded that the adoption of this time frame is not compatible with the constitutional protection of the rights of indigenous peoples over their territories.

In September, the Court rejected the time frame thesis. However, Congress approved the measure. President Luiz Inácio Lula da Silva (PT) even partially vetoed the project. But, on December 14, parliamentarians overturned the veto and validated the law, which was enacted this Tuesday (2).

The time frame is the subject of dispute in the Court. On the 28th, the PL, the PP and the Republicans sued the Supreme Court to guarantee the validity of the law. “In a scenario of republican disagreement between powers regarding certain normative content, the last word in a democratic regime must always belong to the Legislative Branch, the true home of democracy”, claim the captions in Constitutional Declaratory Action (ADC) 87.

A day later, the Articulation of Indigenous Peoples of Brazil (Apib), Psol and Rede Sustentabilidade asked the STF to suspend the time frame law. In ADI 7582, the entity and the parties ask the Court to declare the new rule unconstitutional and suspend its validity until the final judgment on the matter.