STF overturns time frame and strengthens indigenous rights – 09/22/2023 – Sou Ciência

SoU_Ciência, as well as public universities and scientists, have acted and worked together with indigenous peoples in different locations across the country. Therefore, this Thursday (21), we celebrate the overturning of the application of the time frame in land demarcation indigenous people. The decision was taken by the Federal Supreme Court (STF), which recognized the indigenous people’s original right to their ancestral lands, regardless of proof of ownership until the promulgation of the Federal Constitution, on October 5, 1988.

There were many disputes, controversies and political pressure. But the decision represents a great victory for indigenous peoples and for us as a nation. The time frame would constitute a serious threat to the physical and cultural survival of indigenous people, as it would disregard the historical violence that indigenous people have suffered, including invasions, expulsions, massacres and forced contacts. The time frame would also contribute to legitimizing land grabbing, the advancement of unlimited agribusiness, mining and other predatory projects on coveted indigenous territories.

The decision was made due to a specific case, referring to the Ibirama-Laklãnõ Indigenous Land (TI), of the Xokleng people, in Santa Catarina. Now, with the judgment, the measure will apply to all similar processes. According to the Instituto Socioambiental (ISA), there are more than 300 open indigenous land demarcation processes in the country, which were paralyzed or at risk due to the time frame. Now, these can be resumed and concluded based on constitutional criteria.

This decision is a response to bill (PL) 490/2007, which was unfortunately approved by the Chamber of Deputies in June 2023, with the aim of establishing the time frame and other measures that would make it difficult to demarcate indigenous lands. PL 490/2007 is still being processed in the Federal Senate, but we hope to lose strength after the trial.

The STF Ministers showed respect for cultural diversity and democracy in Brazil. Indigenous peoples are the first inhabitants of Brazil and constitute the national identity, which cannot be erased. They have the right to live according to their customs, languages ​​and traditions, without being discriminated against or violated.

Therefore, recognizing the knowledge developed by them over centuries also highlights the importance of indigenous peoples for protecting the environment and climate, for maintaining high biodiversity and low deforestation. Your accumulated knowledge is necessary for human development itself and for the future, if we want to have one.

The maintenance of indigenous peoples and the knowledge they hold is a fundamental element and takes us to knowledge of the territory and its traditional occupation. In an article recently published on this blog, we defend the rights of the Yanomami people, threatened by illegal mining in their territory. We remember that Science in our universities must increasingly be carried out and developed with indigenous peoples and not about or for indigenous peoples. A continuous and permanent construction, with studies, learning and mutual growth.

Our federal universities suffered from the harsh budget cuts of the Bolsonaro era. But they did not stop working with indigenous communities, as Unifesp did in the case of Xingu and other regions of the Amazon, with research, training and health care, even during the pandemic.

The indigenous health program, initiated by Dr. Roberto Baruzzi, public health doctor and professor at the Escola Paulista de Medicina, in collaboration with the Villas Boas brothers, began more than 60 years ago. It is conducted to this day by researchers from Unifesp, who carry out teaching, research and extension, in addition to training indigenous health professionals. Just like Unifesp, several federal universities have worked and are working in different areas, especially in regions that were devastated or exploited by the so-called “civilization”.

We will continue to work together with the people of indigenous territories in defending their rights and also the culture that suffers so much from environmental and social devastation. The overturning of the time frame by the STF is an element of hope for the permanence of indigenous peoples, which must be celebrated by everyone who builds Education and Science in our Country.

Only knowledge incorporated into the teaching and training of new generations can bring the diversity and richness of indigenous experiences and knowledge to a more just and egalitarian society.

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