Suspension of Trial Highlighted on Indigenous Land in Brazil

Suspension of Trial Highlighted on Indigenous Land in Brazil

The renewed suspension was caused by a request for a hearing from Minister André Mendonça.

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

Before requesting a hearing, Judge Alexandre de Moraes voted against the provisional framework last Wednesday.

With the manifestation of De Moraes, the exam score is two to one against the passing milestone.

In 2021, before the trial was dismissed, Judge Edson Fachin voted against the thesis and fellow attorney Kassio Nunes Marques voted in favor.

The Supreme Court is assessing whether jurisdiction over indigenous lands should follow criteria stating that indigenous peoples can only claim their lands occupied before the date the 1988 constitution was promulgated.

More than 300 Aboriginal land demarcation processes are currently underway in the country.

Locals oppose the recognition of such criteria, while owners argue that it is important to ensure legal certainty.

The case is being decided by the Supreme Court because in 2013 the Region IV Federal District Court applied the timeframe criterion by awarding the Southern Santa Catarina State Environmental Institute an area that is part of the Sassafras Biological Reserve, Ibirama LaKlãnõ Indigenous Land.

The Chamber of Deputies approved this bill by a majority on May 30th. With 283 yes votes and 155 no votes, the initiative now goes to the Senate.

In this case, if approved, it will be sent to President Luis Inácio Lula da Silva for certification or not.

In this regard, the Department of Indigenous Peoples described the MEPs’ approval of the framework as “legal genocide” because it directly affects isolated indigenous communities and “does not allow intentional access to areas where peoples live without any contact with society.” once with others.” Cities».

The head of this department, Sonia Guajajara, explained on social networks that the draft law was “a serious attack on indigenous peoples and the environment”. We keep fighting for life. Even in the Senate, we will engage in dialogue to avoid trading our lives for profit and destruction. We won’t give up!” he remarked.

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