STF sets for the 20th resumption of judgment on time frame
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Plenary discusses compensation for those who bought land in good faith
The Federal Supreme Court (STF) scheduled for September 20 the resumption of the trial on the time frame for the demarcation of indigenous lands.
The judgment was suspended yesterday (31) after the plenary reached a score of 4 votes to 2 against the thesis. So far, ministers Luís Roberto Barroso, Alexandre de Moraes, Edson Fachin and Cristiano Zanin have spoken out against the milestone. Nunes Marques and André Mendonça voted in favour.
Indemnity
In addition to the validity of the framework, the ministers are discussing the possibility of compensation to individuals who acquired land in “good faith”. By understanding, compensation for improvements and bare land would apply to landowners who received land titles from the government that should be considered as indigenous areas. The proposal counts in the votes of Moraes, Barroso and Zanin.
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. Indigenous peoples are against understanding.
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 ownership of part of the land is questioned by the state attorney’s office.
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