Entities representing indigenous peoples and international organizations celebrate the decision of the Federal Supreme Court (STF) that the thesis of the time frame for the demarcation of indigenous lands is unconstitutional. On social media, the topic was among the most talked about this Thursday afternoon (21). In Brasília, indigenous leaders and representatives of different peoples followed the vote.
According to the president of the National Foundation of Indigenous Peoples (Funai), Joenia Wapichana, the constitutional rights of indigenous peoples prevailed in the decision.
“Today is the day to celebrate the victory of indigenous peoples against the time frame. We have many challenges ahead, like other points that were included, but it is a struggle every day. A victory every day. We believe in Justice, in the Justice of the Federal Supreme Court to provide this legal certainty to the constitutional rights of indigenous peoples, fulfill their duty for constitutionality and give hope to these people who have suffered for many years with intimidation and pressure. Today the time frame is buried once and for all”, he says in a note released by the foundation.
According to Funai, the time frame thesis ignored the long history “of possessory plunder and violence practiced against indigenous peoples, leading to expulsion from their territories, in addition to violating indigenous rights provided for in the Federal Constitution itself and in international treaties of the which the Brazilian State is a signatory”.
Funai also highlights that according to the Constitution, indigenous lands are Union assets and exclusive to indigenous peoples. These are inalienable and unavailable assets, that is, they cannot be the object of purchase, sale, donation or any other type of business, and all acts that allow their occupation, control or possession by non-indigenous people are null and void.
The Indigenous Missionary Council (Cimi) accompanies indigenous people in Brasília and other regions of the country. In the capital, according to the entity, around 600 indigenous people from various regions of the country followed the vote outside the STF, using a big screen. In addition to them, a group of 70 indigenous leaders attended the session directly from the Court’s plenary.
The entity posted a video in which indigenous people celebrated with songs and dances, in a tent set up next to the Court, when the majority of ministers were against the time frame.
The Articulation of Indigenous Peoples of Brazil (Apib) said that the decision was a “victory in the battle against the time frame, knowing that the fight in defense of our territories continues. No original rights will be negotiated”.
Members of the federal government and other politicians also spoke out on social media. On social network X, the Minister of Environment and Climate Change, Marina Silva said: “STF forms a majority to overturn Marco Temporal of indigenous lands. Victory for indigenous peoples and respect for their way of life, and the great contribution they can make to humanity and the planet”.
International organizations
International entities also spoke out. The United Nations Children’s Fund (Unicef) congratulated the Federal Supreme Court (STF) for the decision contrary to the time frame thesis, which according to the international organization would impact the lives of indigenous children and young people and would mean a setback for the country.
“Brazil must act to ensure the rights of indigenous children and young people. This includes the understanding that guaranteeing the right to land and territory is of paramount importance for the preservation of the identity, traditions and culture of a people, being fundamental for the social and collective development of indigenous boys and girls”, says Unicef, on Instagram.
The spokesperson for Greenpeace Brazil, Ariene Susui, stated that “by forming a majority, the STF moves towards the historic decision of rejecting the Temporal Framework once and for all”. “We are all the ones who win, because promoting indigenous rights means, above all, the defense of constitutional rights. Rejecting the time frame means ensuring the rights of the entire society, as conquered rights should not be questioned but rather fulfilled. The original peoples and their territories play a fundamental role in defending Brazilian biodiversity, which, in turn, is of great importance in mitigating the climate crisis and regulating the global climate”.
Marco Temporal
The majority of Federal Supreme Court (STF) ministers decided this Thursday (21) to invalidate the thesis of the time frame for the demarcation of indigenous lands.
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.
Despite the majority formed against the time frame, ministers will still analyze the scope of the decision. Through the chain opened with the vote of Minister Alexandre de Moraes, private individuals who acquired land in “good faith” can request compensation for improvements and bare land. The decision would apply to landowners who received land titles from the government that should be considered indigenous areas. The information is from Agência Brasil.
The post Indigenous peoples and international bodies celebrate the STF decision appeared first in Jornal de Brasília.
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