After several postponements, the plenary of the Federal Supreme Court (STF) should judge this Wednesday (25) the thesis of the “time frame” and consolidate an understanding that will be decisive for indigenous rights in Brazil.
In 2009, the government of Santa Catarina filed a claim for repossession against the Xokleng people, who live in the Ibirama-Laklãnõ Indigenous Land, where the Guarani and Kaingang indigenous peoples are also concentrated. In all, there are 2 thousand inhabitants. The argument was that the indigenous people did not “traditionally” occupy that land, under the terms of article 231 of the Constitution.
In 2019, the plenary of the STF recognized the general repercussions of this case. In other words, the decision will guide the understanding of the other processes involving traditional communities in which the time frame is discussed.
This thesis, defended by ruralists, says that indigenous peoples should only have the right to land if it is proven that they already occupied it on the date of promulgation of the 1988 Magna Carta.
The thesis of the time frame is expressed in opinion 001/2017 of the Attorney General’s Office (AGU), issued during the Michel Temer (MDB) government. The STF’s decision may result in the suspension of this document, which has already made the demarcation of around 30 indigenous lands unfeasible. Another 300 have demarcation processes stalled.
More than 6,000 indigenous people participated in a vigil at Praça dos Três Poderes in Brasília (DF) last Tuesday (24), in protest against the thesis of the time frame. They are protesters who have been camped out in the federal capital since Sunday, to follow the vote on the subject in the Supreme Court.
To explain the importance of this judgment and analyze perspectives, the Brazil in fact live conversation, starting at 1pm, with sociologist Pagu Rodrigues.
Pagu Rodrigues is a member of the Indigenous Peoples Commission of the Brazilian Bar Association (OAB) in São Paulo and a columnist for the Brazil in fact. The presentation is by Daniel Giovanaz and Anelize Moreira. Watch and send your questions:
Edition: Leandro Melito