Such an appeal to the Supreme Federal Court (STF) is supported by the PT bench in the Chamber of Deputies.
In September, the STF ruled that the so-called temporary framework of the original territories was unconstitutional.
The day before, parliamentarians in the National Congress voted by a majority to override President Luiz Inácio Lula da Silva's veto of the proposal that would set rules for the jurisdiction of native properties.
Among other things, Lula defeated the main draft that established that indigenous peoples only had the right to the land they occupied or claimed on October 5, 1988, the day the federal constitution was promulgated.
The PT founder's vetoes responded to requests from the Ministry of Indigenous Peoples and movements associated with these communities.
These measures displeased lawmakers from the rural caucus, which was linked to agribusiness and favored the timeline, and who now expressed in Congress the need to eliminate the problem.
According to a note from PT MP Nilto Tatto, accessed by Prensa Latina, maintaining the interim milestone is absolutely unconstitutional.
This thesis, he claims, represents “a conservative assertion according to which, at the time of the promulgation of the Federal Constitution of 1988, only those areas that were traditionally inhabited by indigenous peoples could be demarcated.”
If such a claim were to prevail, Tatto said, indigenous peoples would be subjected to a serious violation of their constitutional rights and subjected to the historic violence of the state and dominant sections of society that are targeting the lands and wealth of the indigenous territories . .
According to lawmakers, by signing the veto, Lula not only rejected the possibility of changing the legal system of indigenous territories in contradiction to the constitutional guarantees and rights granted to indigenous peoples by international treaties.
Furthermore, the deputy adds, he has essentially “rejected the attempt to annul the rights fought for by indigenous peoples and widely supported by Brazilian society”.
He emphasizes that the PT understands that the defense of indigenous lands remains crucial to the tough fight against climate change and criminal deforestation.
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