OR PSOLA Sustainability network and the Articulation of Indigenous Peoples of Brazil (Apib) have filed a Direct Action of Unconstitutionality (ADI) against the law establishing a time frame for the delimitation of indigenous lands.
On Thursday 28th the National Congress passed the measures without a veto.
The enactment occurred after Congress overturned the law vetoes imposed by President Lula on the issue approved by the legislator. According to the Constitution, it would be up to the president to impose the veto within 48 hours of the parliament’s decision. If he refuses, the act is signed by the president of the Senate, Rodrigo Pachecowho is also the president of Congress.
The appellants argue that the STF has already declared the unconstitutional term. They also say that the law passed in Congress represents “the biggest setback to the fundamental rights of indigenous peoples since the country’s redemocratization”.
Also Thursday, the PL, PP and republicans filed an application with the Court validate the law. The parties ask that the Supreme Court declare the constitutionality of the law, in particular the paragraphs that Lula had vetoed.
These parties argue that, according to the constitutional rule that allows the annulment of the veto, the political decision of Congress must prevail over the position of the President of the Republic.
The time frame is a legal thesis that determines it indigenous peoples have the right to occupy only lands where they were or were already in dispute on 5 October 1988, date of promulgation of the Constitution. This thesis emerged in 2009, following an opinion from the Attorney General’s Office on the delimitation of the Raposa-Serra do Sol reserve, in Roraima.
In September the Federal Court formed a majority against the constitutionality of the thesis.
2023-12-30 15:28:37
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