Time frame approved by the Chamber of Deputies

APPROVAL

There were 283 votes in favor and 155 against

Brasilia- The Chamber of Deputies approved on Tuesday night (30) the basic text of Bill 490/07, which deals with the timeframe for the demarcation of indigenous lands. There were 283 votes in favor and 155 against.

With approval in the House, the proposal goes to vote by senators.

The substitute for the rapporteur, Deputy Arthur Maia (União-BA), provides that the demarcation of indigenous lands will be valid only for areas that were occupied by traditional peoples until October 5, 1988, the date of promulgation of the Federal Constitution.

The Plenary rejected the two highlights presented, one of which, from PSOL and Rede, suggested the exclusion of this section.

According to the approved text, it is necessary to confirm that the traditionally occupied lands were, at the same time, permanently inhabited, used for productive activities and necessary for the preservation of environmental resources and physical and cultural reproduction on the date of promulgation of the Constitution. If the indigenous community was not in a certain territory before that date, regardless of the reason, the area will not be recognized as traditionally occupied.

The text also authorizes the planting of transgenic cultivars in indigenous lands; prohibits expansion of areas already demarcated; determines that demarcation processes that have not yet been concluded must be subject to the new rules; and cancels demarcation in disagreement with the new time frame.

stf

Earlier, a group of federal deputies appealed to the Federal Supreme Court (STF) to suspend the processing of the bill. The action will be reported by Minister André Mendonça. The writ of mandamus was filed by deputies Tadeu Veneri (PT-PR), Juliana Cardoso (PT-SP) and Túlio Gadelha (Rede), before the approval of the timeframe by the House Plenary.

The parliamentarians argue that Bill No. 490 should be suspended until the Supreme Court analyzes the legality of the temporal framework thesis in the June 7 session. “Any ordinary law on the temporal framework would necessarily have to be assessed regarding its constitutionality, consequently it is totally inappropriate to discuss a bill on a constitutional theme, a discussion in which it is already in progress, in the trial phase”, state the parliamentarians.

Deputies also argue that the PL brings harm to indigenous peoples, who were not consulted about the changes in legislation.” All projects, whether legislative or executive, that affect indigenous peoples, quilombola peoples and traditional communities, must be consulted in advance, through free, prior, informed and good-faith consultation”, they added.

In the trial at the STF, 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, date of enactment of the Federal Constitution, or that were in legal dispute at that 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

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

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

*With information Agência Brasil

read more

Minister of Education defends regulation of digital platforms

Aleam and IBGE create a group to discuss the boundaries of Amazonian municipalities

TRE-SP rejects accounts of 46 elected officials, including Tarcísio and Lula’s ministers