On August 27, the STF adjourned the analysis for this Wednesday after reading a report on the role of one of the most important cases of this second semester.
The Supreme Court will hear a land reclamation case filed by the southern state of Santa Catarina against the Xokleng people.
The petition refers to the Ibrama-Laklano tribal lands inhabited by the Guarani and Guangkong peoples. From 2017, the government is calling for a study of the deadline for claiming the land.
Under this interpretation, the acquisition of land is guaranteed by the Federal Constitution, dated October 5, 1988, only to those who can prove that it was in place. In practice, this restricts authentication.
In 2019, the SDF provided the status of a ‘public reaction’ to the process, meaning that the decision taken in the case would be a guide to the federal direction and all judicial events related to delimitation procedures.
The Office of the Federal Public Defender (DPU) ruled against this milestone and considers the criterion unconstitutional and arbitrary.
According to the DPU, this study does not take into account the historical allotment and violence experienced by indigenous peoples.
This is because many communities were forced to flee their territories and were not occupied in 1988.
President Jair Bolsanaro defends the structure, saying very few indigenous people live on a lot of land, which prevents agricultural expansion.
The Supreme Court’s decision, which requires more than one hearing, will serve as a legal precedent for promoting legislative change in areas where the former ruling army and agribusiness are protected.
The indigenous people, who have been camping in the center of Brasilia since August 22, decided to mobilize following the STF’s historic test.
The aborigines, who are part of the Fight for Life camp, occupy part of the Bonarde Cultural Complex, located between the TV tower and the convention center.
On Friday, aboriginals marched through the Esplanade of Ministries to the Plaza de los Tres Podres and set fire to a coffin in front of the Planaldo Palace (seat of executive power).
Failure in court signifies a setback to the rights of indigenous peoples in Brazil.
msm / ocs / cvl
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