Public Defender asks Lira to completely reject the time frame – 05/27/2023 – Panel

The DPU (Defensoria Pública da União) recommended to the mayor, Arthur Lira (PP-AL), the total rejection of the bill that establishes the 1988 Constitution as a time frame for the demarcation of indigenous lands. The assessment is contained in a technical note sent by the acting Federal Public Defender, Fernando Mauro Junior.

Within a movement to weaken the environmental agenda, the Chamber approved last Wednesday (24) the request for urgency for the processing of the text. With that, it goes directly to the plenary, bypassing the thematic committees, speeding up approval and shortening the debate.

In the documents, the defenders claim that it is a contradiction to use the Constitution, which recognizes the rights of indigenous peoples, as a framework from which there could be no more land demarcation. There is not, as they argue, any device that can induce, even if mistakenly, such a relationship.

“Thus, the current Constitution cannot be used as a reference for indigenous occupation, whose parameters are different from the requirements for possession under civil law. – but to recognize the institute of indigenato to them, given that their territorial rights precede any other”, they justify.

The DPU separately analyzes the five articles that present the “most latent unconstitutionalities”. Among them, article 20, which excludes mining on their lands from the exclusive use of indigenous peoples, imposing the request for authorization of gold mining.

“As for any wealth in the soil of indigenous lands, including minerals, the Federal Constitution is absolutely clear that its usufruct is exclusive to the communities, decreeing the nullity and extinction of all acts that have as their object the occupation of these areas or the exploitation of such resources. Thus, any exploitation of the mineral riches of the soil in indigenous lands can only be done by the indigenous community itself, following their ways of living and their traditional uses and customs.”

The technical note is signed by the coordinators of the Indigenous Communities Working Group, federal public defender Wagner Wille Nascimento Vaz and federal public defender Daniele de Souza Osório, and by the general secretary of institutional articulation of the DPU, Gabriel Travassos.

Federal public defenders João Paulo de Campos Dorini, Marina Mignot Rocha, Thales Arcoverde Treiger, Lídia Ribeiro Nóbrega, Raphael de Souza Lage Santoro Soares, Renan Vinicius Sotto Mayor de Oliveira, Erik Palacio Boson and Benoni Ferreira Moreira, WG focal points , also sign the text, as well as defender Rodrigo Alves Zanetti, a member of the group.

PRESENT LINK: Did you like this text? Subscriber can release five free hits of any link per day. Just click the blue F below.