The president of the Supreme Federal Court (STF), Minister Edson Fachin, has scheduled the start of the trial of four cases linked to the Temporal Framework for Monday (15/12).
Fachin responded to a request from Minister Gilmar Mendes, rapporteur for ADC 87, ADI 7,582, ADI 7,583 and ADI 7,586. According to the order of the President of the Court, the trial is expected to last until Thursday (12/18), in virtual plenary session.
Gilmar’s request comes after the end of the pleadings of the parties involved in the processes, held in physical plenary session of the Court last week.
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The Temporal Framework is a legal thesis according to which indigenous peoples would only be entitled to the demarcation of the lands they occupied at the time of the promulgation of the Federal Constitution, on October 5, 1988.
The proposal opposes the theory of indigenato, according to which the rights of these peoples to traditionally occupied lands precede the creation of the Brazilian state, with the country only responsible for demarcating and declaring its territorial boundaries.
Calendar Discussion
The discussion on the temporal framework began within the STF in 2009, during the demarcation process of the Raposa Serra do Sol indigenous land, in Roraima.
The debate intensified again in 2019, when a repossession action brought by the Santa Catarina government against the Xokleng people of Ibirama Laklãnõ indigenous land – where the Guarani and Kaingang people also live – had wide repercussions.
Gilmar Mendes has spent the last year focused on holding conciliation hearings to try to reach an agreement on this issue. The minister released the files submitted for judgment last week.
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