The Federal Supreme Court (STF) once again suspended the judgment regarding the time frame for the demarcation of indigenous lands. So far, the trial score is 5 votes to 2 against the thesis. The analysis of the case will be resumed in tomorrow’s session (21).
In today’s session, only minister Dias Toffoli cast a vote. For the minister, the Constitution did not establish a time frame for recognizing indigenous rights.
“The constitutional protection of original rights over the lands they traditionally occupy does not depend on the existence of a time frame on October 5, 1988,” he stated.
Toffoli also established parameters to ensure that “bona fide” occupants of indigenous lands are entitled to compensation. The proposal applies to cases in which there was improper titling of indigenous lands by the government to private individuals.
“There is no doubt that anyone who had improvements and who occupied traditionally indigenous land would be entitled to compensation for improvements in good faith”, he added.
So far, in addition to Toffoli, ministers Alexandre de Moraes, Luís Roberto Barroso, Edson Fachin and Cristiano Zanin have spoken out against the time frame. Nunes Marques and André Mendonça spoke in favor. The STF is in its tenth session to judge the case.
According to the thesis defended by landowners, indigenous people would only have the right to lands that were in their possession on October 5, 1988, the date of the promulgation of the Federal Constitution, or that were under legal dispute at the time. Indigenous people are against understanding.
The process that motivated the discussion deals with the dispute over ownership of the Ibirama Indigenous Land, in Santa Catarina. The area is inhabited by the Xokleng, Kaingang and Guarani people, and the ownership of part of the land is questioned by the state prosecutor’s office. The information is from Agência Brasil.
The post STF suspends judgment on the time frame; score is 5 to 2 against appeared first in Jornal de Brasília.
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