Illuminating the suspension of trial on indigenous lands in Brazil

The new suspension came due to a request for a hearing from Minister Andre Mendonça.

Due to the internal rules of the STF, the case must be returned for analysis within a maximum of 90 days.

Before the hearing, Judge Alexandre de Moraes voted last Wednesday against the temporary framework.

With the De Moraes incarnation, the examination score is two to one against the temporary teacher.

In 2021, before stopping the trial, Judge Edson Fachin voted against the thesis, and attorney Cassio Nunes Marquez spoke in favor.

The Supreme Court rules whether jurisdiction over indigenous lands should follow the criteria, which specify that indigenous peoples can only claim their occupied lands before the date of promulgation of the 1988 Constitution.

There are currently more than 300 Indigenous Land Delimitation processes open in the country.

Indigenous people oppose recognizing such standards, while the owners argue that it is important to ensure legal certainty.

The case is being decided by the Supreme Court because, in 2013, the Federal District Court for the Fourth District applied the time frame standard by awarding the Ecology Institute of Southern Santa Catarina an area that is part of the Sassafras Biological Reserve, the land of the indigenous Ibirama Laklani people.

The House of Representatives approved this bill by majority on May 30. With 283 votes in favor and 155 against, the initiative will now go to the Senate.

If approved in this case, it will be sent to President Luiz Inacio Lula da Silva to obtain certification or not.

In this regard, the Ministry of Indigenous Peoples described the MPs’ approval of the framework as “genocide by law” because it directly affects isolated indigenous communities, “allowing deliberate access to the lands where peoples live without any contact with the community, not even with others.” Cities ».

On social networks, the chair of that portfolio, Sonia Guajara, stated that the bill is “a serious attack on indigenous peoples and the environment. We continue to fight for life. Even in the Senate, we will debate to avoid trading our lives for profit and destruction. We will not give up!”

lam / ocs