In a defeat for the government, Brazilian Congress approves measure limiting recognition of new indigenous lands

On Tuesday (30), the Brazilian House of Representatives approved a project by a margin of 283 votes to 155, with one abstention, which establishes limits for demarcating land and may threaten several rights of indigenous peoples.

The ruling base tried to postpone the vote by requesting to remove the agenda.

However, the request was refused by 257 votes against and 123 in favor.

Now, the House representatives are analyzing the text’s highlights and suggestions for changes.

After the conclusion of this phase, the project will be sent to the Senate.

The approved text presents the thesis of the temporal milestone, which sustains that indigenous lands can only be considered traditionally occupied if, on the date of promulgation of the 1988 Constitution, they were permanently inhabited, being used for productive activities and necessary for the preservation of environmental and cultural resources.

If this occupation is not proven, the land cannot be recognized as traditionally occupied, regardless of the cause of non-occupation before the time limit.

This interpretation has generated controversy and controversy on the part of indigenous organizations and movements, which argue that the Constitution ensures the ancestral right of these peoples over their lands, regardless of their occupation on a specific date.

Recently, the discussion about the temporal milestone has returned to the forefront due to the ongoing trial in the Federal Supreme Court regarding the demarcation of indigenous land in the state of Santa Catarina.

FEDERAL SUPREME COURT

On June 7, a session of the Federal Supreme Court (STF) is scheduled to vote on a lawsuit concerning the use of the promulgation of the Constitution as a temporal milestone for the demarcation of indigenous lands.

Despite being scheduled, the trial was postponed seven times, the last time in June 2022.

With information from Gazeta Brasil

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