JOÃO GABRIEL, THAÍSA OLIVEIRA AND MARIANNA HOLANDA
BRASILIA, DF (FOLHAPRESS)
The vote in the STF (Supreme Federal Court) that considered, by 9 votes to 2, the time frame thesis to be unconstitutional, was celebrated by indigenous representatives and increases pressure in the Senate around the bill that deals with the issue.
The text, which was approved by the Chamber at the end of May, not only establishes the time frame, but opens the door for, among other points, contact with isolated indigenous people and the energy exploration of the territories.
The text’s rapporteur at the Senate’s CCJ (Constitution and Justice Commission), Marcos Rogério (PL-RO), states that the productive sector is “terrified” and that the Supreme Court’s decision will force the House to make a decision.
“It is a decision that creates legal uncertainty in the countryside and, if applied as it is, could compromise cities. Parliament needs to complete the time frame law and restore tranquility to the country,” he said.
Rapporteur of the bill in the Agriculture Committee – where the text was approved in August by 13 votes to 3 -, senator Soraya Thronicke (Podemos-MS) stated that she is still awaiting a decision from the Senate plenary.
“There is still a major divergence, which is the issue of compensation to landowners who occupied these areas in good faith and need to be restituted. Therefore, in the Federal Senate, we have to continue our work to resolve all loopholes.”
Heard before the STF vote, members of the ruralist bench stated, with reservations, that if the thesis were declared unconstitutional, there would be a chance that the project would lose strength and not be approved.
Both among ruralists and within the government base there are those who believe that the proposal should even be removed from the agenda, on the grounds that its object, the landmark, is unconstitutional.
The expectation is that the text will be buried by the Senate plenary with support from the government base. Minister Alexandre Padilha (Institutional Relations) celebrated the judgment and said that the STF enforced the legislation.
“The consistent majority of the Supreme Court upheld the Constitution in this debate regarding the time frame for the protection of indigenous lands,” he told the reporter.
The Minister of Indigenous Peoples, Sonia Guajajara, celebrated this Thursday’s decision. “We now continue to celebrate, yes, celebrating this great achievement. It took so many years of many struggles, many mobilizations, a lot of apprehension for this result,” she stated.
“It is a result that defines the future of demarcations of indigenous lands in Brazil”, added Guajajara from the United States, together with the Brazilian delegation at the UN (United Nations).
Senator Eliziane Gama (PSD-MA) also celebrated the STF’s decision. For her, the decision means that the time frame cannot be used in the ongoing power struggle between the Supreme Court and Congress.
“Time frame is unconstitutional. Time frame is not a matter for intensifying this type of strangeness (between the Senate and the STF)”, he said. “Our Justice sets a beautiful example to the world.”
Outside the STF, as on other voting days, indigenous movements gathered to follow the session – and celebrated, with songs and dances, the formation of a majority against the thesis.
The president of Funai (National Foundation of Indigenous Peoples), Joenia Wapichana, stated that it is “a day to celebrate victory”.
“(The majority) bury this absurd thesis once and for all, due to unconstitutionality, in relation to the time frame”, he stated. “A fight every day, a victory every day”, added the president, reinforcing that there are still other ongoing threats against indigenous rights.
Decision is worrying, says president of the ruralist bench
The president of the ruralist bench, deputy Pedro Lupion (PP-PR), called the STF’s decision “serious and worrying”, and stated that his bench will be able to approve the bill in the Senate, in addition to PECs on the topic in Congress.
“The parliamentary front for agriculture will approve the time frame in the Senate next week and we will run with the PEC in the Chamber, in the Senate, to provide legal security for rural producers”, he stated.
The PEC he refers to is the proposal that creates an instrument of compensation for farmers who have their land designated as indigenous territories.
The post Overturning the STF’s time frame puts pressure on the Senate appeared first in Jornal de Brasília.
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