The result is four to two against the controversial thesis, which states that locals only have the right to the inheritance to which they are traditionally entitled on the day the constitution was promulgated, October 5, 1988.
The initiative is an interpretation of Article 231 of Magna Carta, which “recognizes indigenous peoples, their social organization, customs, languages, beliefs and traditions.”
Likewise, “the original rights to the countries they traditionally occupy, the Union being responsible for delimiting them, protecting them and ensuring respect for all their assets.”
For indigenous communities that object to the time frame, historical ownership of a land is not necessarily linked to the fact that a people occupied a particular region on October 5, 1988.
They explain that many villages live nomadically and others were driven off their land by the military dictatorship (1964-1985).
Minister André Mendonça concluded his vote, which began yesterday, this Thursday, in favor of the provisional framework.
Next, Judge Cristiano Zanin voted against the transition milestone.
“The impossibility of imposing a temporary framework to the detriment of the indigenous peoples who enjoy the protection of the exclusive property of the Portuguese Empire has been proven,” Zanin claimed.
The session ended with the vote of Judge Luís Roberto Barroso, also against the theory supported by the rural sector.
According to Aboriginal leaders, the time frame excludes the historical and cultural reality of the indigenous people and violates international treaties signed by Brazil, such as the United Nations Declaration of Indigenous Peoples and Convention 169 of the International Labor Organization.
They emphasize that the right to land and associated rights are non-negotiable and its history does not begin in 1988.
rgh/ocs