By 9 to 2, STF overturns time frame for demarcation of indigenous lands…

 

                                   The STF (Supreme Federal Court) overturned today (21), by nine votes to two, the time frame for the demarcation of indigenous lands.

The court will still decide on Wednesday next week on compensation to landowners who occupied indigenous areas in good faith.

First to vote, Fux stated that indigenous lands must have State protection, even if they have not yet been demarcated. Cármen Lúcia stated that the Supreme Court is discussing a topic that involves the "dignity of a people".

The areas occupied by indigenous people and those areas that still have a link with their ancestry, even if they are not demarcated, have constitutional protection

Luiz Fux, minister of the STF

Minister Gilmar Mendes, Dean of the Supreme Court, also voted against the time frame, but made several reservations about the topic.He stated that it was necessary to establish limits and defended the discussion on the exploitation of indigenous lands, pointing out tha… -but said she was open to discussing other models.

Moraes, in turn, suggested that the compensation should also cover bare land and should be paid prior to the demarcation process.

Moraes' vote was viewed with concern by indigenous leaders, who fear delays in demarcations if payment of compensation is a criterion prior to the process… -

The AGU (Attorney General's Office) also expressed fear and stated that the payments could lead to "incalculable expenses" , as shown by UOL .

Cristiano Zanin, in turn, gave a vote similar to that of Moraes, arguing, however, that the compensation should not be linked to the demarcation and that the payment will not only fall to the Union, but also to the states and municipalities that have promoted undue titling . Toffoli accompanied his colleague…

 - 

Bolsonaro's nominees vote in favor of landmark

For Nunes Marques, the time frame is the solution that "reconciles" the interests of indigenous people and landowners. Mendonça stated that the thesis is an objective criterion that "immunizes" risks of conflicts and guarantees legal certainty… 

Possessions subsequent to the promulgation of the Federal Constitution cannot be considered traditional, because this would imply the right to expand them unlimitedly to new areas already definitively incorporated into the national real estate market.

Nunes Marques

It is not about denying the atrocities committed, but rather understanding that looking at the past must have perspective, the possibility of reconstructing the present and the future.

André Mendonça

Against the STF, Senate discusses pro-landmark PL

Contrary to the understanding of the Court's majority, the Senate's CCJ (Constitution and Justice Committee) began discussing a bill that sets the time frame as a criterion… - 

for the demarcation of indigenous lands.

Yesterday (20), Senator Eliziane Gama (PSD-MA) asked for a review (more time for analysis) and the government members collectively signed the request . Therefore, the text will be reviewed next Wednesday (27).

The Secretary of Indigenous Peoples, Eloy Terena, told UOL that he sees the possibility of Congress's proposal falling through , even if approved… - 

font   redaction

 https://noticias.uol.com.br/politica/ultimas-noticias/2023/09/21/stf-julgamento-marco-temporal-demarcacao-terras-indigenas.htm?cmpid=copiaecola

fonte video and pictures     google