STF again suspends judgment of the time frame of indigenous lands

Justice

Minister André Mendonça asked for a view and postponed the analysis of the case

Brasilia DF) – The Federal Supreme Court (STF) again suspended today (7) the judgment of the process that deals with the legality of the timeframe for the demarcation of indigenous lands. The suspension was caused by a request for a review by Minister André Mendonça. According to the internal rules of the STF, the case must be returned for judgment within 90 days.

Before the request for review, Minister Alexandre de Moraes voted against the time frame thesis.

With Moraes’ demonstration, the judgment score is 2-1 against Marco. In 2021, before the interruption of the trial, Minister Edson Fachin voted against the thesis, and Nunes Marques was in favor.

In Moraes’ understanding, recognition of ownership of indigenous lands is independent of the existence of a time frame based on the enactment of the 1988 Constitution.

Moraes cited the specific case judged by the STF to justify the illegality of the framework. The minister recalled that the Xokleng indigenous people abandoned their lands in Santa Catarina due to conflicts that led to the murder of 244 of them, in 1930.

“Obviously, on October 5, 1988, they weren’t there, because if they had been, from 1930 to 1988, there wouldn’t have been any left. Is it possible not to recognize this community? Is it possible to completely ignore this indigenous community because there is no temporality between the timeframe and the plunder? [saída das terras]?, he questioned.

However, the minister voted to guarantee landowners who hold titles to properties that are located on indigenous lands the right to full compensation for expropriation.

For the minister, there are cases of people who acted in good faith and were unaware of the existence of indigenous people where they live.

“When it is effectively recognized that the traditional land is indigenous, the compensation must be complete. The bare land and all improvements. The fault, omission, the lapse belonged to the public authorities”, he added.

At the trial, ministers discuss the so-called time frame. According to the thesis, defended by landowners, the indigenous people would only be entitled to the lands that were in their possession on October 5, 1988, the date of enactment of the Federal Constitution, or that were in legal dispute at the time.

The process that motivated the discussion deals with the dispute over the ownership of the Indigenous Land (TI) Ibirama, in Santa Catarina. The area is inhabited by the Xokleng, Kaingang and Guarani peoples, and the ownership of part of the IL is questioned by the State Attorney’s Office.

Camping

Since Monday (5), indigenous people of various ethnic groups have been camping in Brasília to follow the trial at the Supreme Court.

*With information from Agência Brasil

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