The Federal Supreme Court (STF) suspended the session that discusses the thesis of the time frame for demarcation of indigenous lands. After the break, Minister Dias Toffoli will conclude his vote. He has already signaled that he will deal with the compensation issue and will make some complements in relation to the vote of the rapporteur, Minister Edson Fachin. Toffoli stated that he will follow the rapporteur on some points, with some additions. The score is 5 to 2 against the thesis.
Toffoli added some specifics in relation to Fachin’s vote on the item that deals with the shared management of lands by indigenous people and an environmental body. For Toffoli, indigenous people must participate in deliberations. “Shared management is possible, but the prerogatives of indigenous peoples have to be taken into consideration, including their traditionality”, stated Toffoli, during the session.
Toffoli also criticized expressions from people in favor of the time frame, such as that “it’s too much land for too few Indians.” According to the minister, this idea is a “clear reference” to the misunderstanding of the constitutional text that guarantees indigenous people the right to occupy their lands.
After Toffoli, the next person to vote should be minister Luiz Fux. The votes of ministers Cármen Lúcia and Rosa Weber are also missing. In addition to Toffoli, four ministers – Edson Fachin (rapporteur), Alexandre de Moraes, Cristiano Zanin and Luís Roberto Barroso – voted against the time frame in previous sessions. Two others, ministers Nunes Marques and André Mendonça, voted in favor of the time frame being October 5, 1988, when the Constitution was promulgated.
The compensation issue mentioned by Toffoli deals with the possibility of compensation to owners who lose land with new demarcations. So far, ministers Alexandre de Moraes, Cristiano Zanin and Luís Roberto Barroso have defended that the public authorities be held responsible for unduly handing over the title to indigenous lands.
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