STF resumes judgment on time frame of indigenous lands

Justice

Leaders will follow vote in plenary

Brasilia – The Federal Supreme Court (STF) resumes this Wednesday (7) the judgment on the time frame for the demarcation of indigenous lands.

The session is expected to start at 2 pm and will be accompanied by indigenous leaders, who will be in the plenary of the court. This week, indigenous people are camped on the Esplanada dos Ministérios to follow the session.

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.

Last week, the Chamber of Deputies anticipated the Supreme Court’s judgment and approved the milestone, but the matter still needs to be discussed and approved by the Senate.

The trial was suspended in September 2021, after a request for a view from Minister Alexandre de Moraes.

The trial score is tied at 1 to 1. Minister Edson Fachin voted against the thesis, and Nunes Marques was in favor.

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.

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