According to this theory, the natives only have the right to the areas that were in their possession on October 5, 1988, the day the Federal Constitution was promulgated.
The Articulation of the Indigenous Peoples of Brazil (APIB) and the Sustainability Network as well as the Socialism and Freedom parties demand in the appeal that the law be declared unconstitutional and suspended pending the court's final decision on the matter.
On December 14, the National Congress overturned President Luiz Inácio Lula da Silva's veto of the project, which confirmed the preliminary framework.
Previously, in September, before the parliamentarians' decision, the Supreme Court had decided against the controversial transition milestone.
The court's decision was taken into account by the legal team at Planalto Palace, the seat of the executive branch, to justify the presidential veto. Such a provision was enacted by Congress on December 28th.
According to the APIB and the parties, the provisions of the law that confirmed the interim framework were declared unconstitutional by the Supreme Court.
For the plaintiffs, maintaining the benefits of the measure poses a threat to Aboriginal villages.
“The validity of the law could cause irreversible harm to indigenous peoples, such as paralyzing all ongoing demarcation processes and increasing and encouraging further invasions of their lands,” they warn.
They specify that this validity will also “allow the implementation of works without due legislative process and consolidate extremely serious violations against indigenous peoples”.
Experts criticize the time frame as it would justify and legalize invasions and violence against locals to seize land before the above date.
For indigenous leaders, the thesis excludes the historical and cultural reality of indigenous communities and violates international treaties signed by Brazil, such as the United Nations Declaration of Indigenous Peoples and Convention 169 of the International Labor Organization.
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