Brasilia
The PSOL and Rede parties, as well as the Apib (Articulation of the Indigenous Peoples of Brazil), have submitted a request to the STF (Federal Supreme Court) to suspend the law that establishes the thesis of the timing for the delimitation of indigenous lands.
The law was promulgated on Thursday (28) by the president of the Senate, Rodrigo Pacheco (PSD-MG), after parliament overturned President Lula’s (PT) veto on the project.
The text was approved by the Legislature after the articulation of the ruralist college in response to the decision of the STF, which judged unconstitutional the thesis according to which the territories must be delimited taking into account indigenous occupation in 1988, the date of promulgation of the Constitution.
In the appeal, the parties and the Apib ask that the law be declared unconstitutional and that “articles 231 and 232 be given an interpretation consistent with the 1988 Constitution – that the territorial rights of indigenous populations are fundamental rights and therefore binding clauses”.
The parties also suggest, as a precaution, the suspension of the law until the STF’s final ruling on the case. The authors of the appeal to the Supreme Court argue that the timing theory has already been declared unconstitutional by the Court itself.
“Therefore, if it continues to produce effects, it will violate the principle of legality and cause a violation of the territorial rights of indigenous peoples, in total disagreement with the interpretation of this Federal Supreme Court,” reads the appeal.
Indigenous peoples, NGOs and activists criticize the time frame thesis. For these groups, indigenous land rights predate the Brazilian state and, therefore, cannot be limited to a specific time.
On the same date as the promulgation of the law, the parties and the Apib presented the Adi (Direct Action of Unconstitutionality), of which the minister Gilmar Mendes reported.
The authors of the appeal also state that the text that establishes the temporal thesis “amends the federal Constitution through ordinary law”, as well as creating “obstacles to the demarcation process, in violation of the principle of efficiency and with the aim of preventing its completion, among other serious inconveniences.”
PL, PP and Republicans called the STF to validate the timing law. Right-wing parties are asking the Supreme Court to declare the constitutionality of the law, in particular the sections vetoed by President Lula (PT) and subsequently maintained by Congress.
2023-12-30 18:57:00
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