Considered a watershed for the Brazilian indigenous movement, the judgment of the so-called “time frame” in the Supreme Court (STF) was resumed at 2 pm on Wednesday (1).
The ministers will decide on the validity or not of the legal thesis defended by ruralists according to which indigenous peoples would only have rights to the lands they were occupying until October 5, 1988, the date of the promulgation of the Federal Constitution.
Postponed four times, the judgment had only the presentation of the rapporteur’s vote, Minister Edson Fachin. He rejected the thesis and defended the indigenous peoples’ original right to possession of their ancestral territories.
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About a thousand indigenous people follow the session in Brasília (DF), where they are mobilized against the “time frame”. Leaders and experts affirm that the thesis’ validation is incompatible with the Constitution itself and would mean an unprecedented attack on the original peoples.
How the session works
The resumption of the session should start with the speeches of representatives of all those involved in the process: the Union, the Xokleng people of Santa Catarina, the Attorney General’s Office (PGR), and the proponent of the action, the Santa Catarina government.
Next, organizations or people who can contribute to the theme, called amicus curiae, “friends of the Court” in Latin. There will be 21 lines contrary to the “time frame” and 13 in favor.
Only then does the reading of votes begin. The first will be Edson Fachin, followed by the other nine ministers. A new request to postpone the timeframe analysis is not ruled out.
Edition: Vivian Virissimo