Minister Edson Fachin, from the Federal Supreme Court (STF), reaffirmed, on Thursday (9), the position contrary to the time frame, a thesis that affects indigenous rights by limiting the guarantee of land tenure. The case is being debated in the Court through the assessment of Extraordinary Appeal (RE) 1017365, which discusses when the occupation and the right to usufruct of traditional areas should be considered.
Fachin had already expressed his position in a vote previously registered in the virtual plenary of the Court, but confirmed the opinion on Thursday, when the STF lived another chapter in the judgment of the case.
Rapporteur for the process, the minister evoked the “original right” of traditional peoples to their lands and argued that indigenous ownership of such areas differs from the perspective of civil ownership because the Federal Constitution of 1988 guarantees original rights.
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The magistrate had already highlighted, on Wednesday (8), that the issue of the use and possession of traditional territories is not settled in the country and that the STF needs to establish a proper interpretation of article 231 of the Constitution, which addresses the issue .
He recalled that the subject refers not only to issues of land domain, but “involves the very survival of individuals, communities, ethnic groups, languages and ways of life that make up, in their own way, the plurality inherent to Brazilian society”.
The next minister to start the vote on Thursday was Nunes Marques, but the trial was again interrupted and should only continue next week. After him, the other eight magistrates of the Court must express their position on the matter.
The confirmation of Fachin’s vote was echoed outside the STF building, in the camp where indigenous people have been meeting since the 22nd to follow the judgment of the case directly from Brasília. Currently, the group brings together around 5,000 leaders from 142 peoples from all biomes in the country, including children, adults and elderly women.
“A moment of great emotion in the camp of the II March of the Original Women after Minister Edson Fachin finished his report and his position in favor of the original peoples and against the time frame,” said Sônia Guajajara, via Twitter, mentioning the celebration of those present. https://twitter.com/GuajajaraSonia/status/1436055233130532868
The Articulação dos Povos Indígenas do Brasil (Apib) also registered, through the same social network, the reaction caused by Fachin’s vote among the members of the camp. When mentioning that the minister “considered the ancestry of the territories”, the organization posted a video showing the commemoration of the leaders through the singing of traditional rites. https://twitter.com/ApibOficial/status/1436064255367843845
“The lands of traditional indigenous occupation are permanently owned by the community, and the Indians are responsible for the exclusive use of the riches of the soil, rivers and lakes therein”, quoted Apib lawyer Eloy Terena, highlighting excerpts from Fachin’s speech.
Other civil organizations also demonstrated. The Instituto Socioambiental (ISA), for example, underlined that “indigenous rights are fundamental” and, quoting Fachin, said that “there is no greater legal certainty than complying with the Constitution”.
Edition: Vinícius Segalla