STF judges suspension of effects of AGU opinion on time frame

This week, the Federal Supreme Court (STF) will judge whether to maintain the suspension of the effects of an opinion from the Attorney General’s Office (AGU), from 2017, on an action that questions the expansion of indigenous land in Santa Catarina. The AGU’s opinion reinforced the time frame thesis, which points to the day of proclamation of the Federal Constitution, October 5, 1988, as a determining factor for claiming land as traditional indigenous possession.

The effects of the ministers’ decision on the AGU’s opinion, however, may apply in relation to all administrative procedures relating to the demarcation of indigenous lands in the country, since the vote of the rapporteur, minister Edson Facchin, was in this sense. The trial at the STF will take place until April 19th and is part of Original Civil Action (ACO) 1100, filed by a group of farmers affected by the expansion of the Ibirama-La Klãnõ Indigenous Land.

In ACO 1100, the farmers claim that the demarcation process would not have observed the principle of broad defense, and the anthropological report would only take into account the allegations of the indigenous community. The merits of the action, however, still do not have a date to be voted on in the Plenary.

The indigenous land, located between the municipalities of Vitor Meireles, José Boiteux, Itaiópolis and Doutor Pedrinho, was also involved in the judgment of the Extraordinary Appeal that culminated in the overturning of the time frame in September last year.

Report from People’s Gazette has already dealt with the issue involving the municipalities affected by the expansion of indigenous land in Santa Catarina. Farmers fear that, with the validation of the increase in area, the municipality of Vitor Meireles will have to “close its doors”.

The fear is due to the reduction in agricultural production in the municipality. Small farmers estimate that they will stop producing up to 50% of the economic movement generated by agriculture. Taking into account that at least 60% of economic activity comes from agriculture, the future of the municipality is uncertain. “If the STF goes against the time frame, the death sentence for the family farmer here in the region will be signed. For us, if you take away land, you will take away life,” said farmer Francisco Jeremias, owner of a 15-hectare area in the region to be demarcated.