Expression of Indigenous Peoples in Brazil (Apib), which brings together seven regional organizations, along with PSOL and Rede, submitted a statement to the Federal Supreme Court (STF) requesting that the trial be withdrawn from the timeframe for the demarcation of indigenous lands, scheduled to take place between December 5 and 15 in a virtual plenary session, and that an in-person public hearing be scheduled. Trial in a virtual environment, without the physical presence of indigenous leaders and lawyers, will exclude them from this constitutional discussion, restricting the right to access justice, says Ricardo Terena, Aviv’s legal coordinator.
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The default ruling on the merits of the case excludes indigenous peoples from a historical moment. Just one session guarantees our attendance in person, which is critical to a process that could determine the future of indigenous land demarcation in the country. The Indigenous Movement closely followed Extraordinary Appeal (RE) Ruling No. 1017365, which declared the time frame unconstitutional, and could not be excluded from an analysis of the law that attempts to reflect this understanding. Topics of importance and social impact require direct and transparent debate, ensuring the full participation of indigenous peoples – Terina highlighted.
The time frame is a legal thesis that states that indigenous peoples will only have the right to demarcate their lands if they were in possession of them on October 5, 1988, the date of publication of the Federal Constitution, or were in legal dispute at that time. This thesis has been widely criticized for ignoring the history of violence and expulsion that many communities have suffered, which has prevented them from remaining in their original lands.
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The Supreme Court deemed the time frame unconstitutional in September 2023. President Lula vetoed the bill that ratified the mark. But the National Convention overturned the president’s veto and resumed the mandate of the landmark in December of the same year, which maintained the concept that indigenous people were only entitled to lands that were in their possession on October 5, 1988, the date of publication of the Federal Constitution. The ADC 87, ADI 7582, ADI 7583 and ADI 7586 feature sets are scheduled to go on trial in virtual public session.
In its statement, Aviv stated that Law No. 14,701/2023, “was enacted in 2023 without adequate consultation with indigenous peoples, as defined by ILO Convention No. 169 3. The statement was submitted jointly by PSOL and Rede, which proposed ADI 7582 in order to obtain, from a judicial perspective, a declaration of the new legislation unconstitutional. The application to the Supreme Court continues to have the support of the ILO Express On Indigenous Peoples and Organizations of the North-East, Minas Gerais and Espírito Santo (APOINME); Coordination of Indigenous Organizations in the Brazilian Amazon (COIAB);