Congress enacts time frame on indigenous lands

The law that establishes the Temporal Framework for Indigenous Lands was enacted by the National Congress. The text was published in the Official Gazette of the Union this Thursday (28), and defines that indigenous peoples only have the right to demarcate the areas they occupied until October 5, 1988 — the date on which the Federal Constitution was promulgated.

The publication of the time frame law was possible after Congress rejected President Lula's vetoes on sections of the project. Parliamentarians returned to the law the section that defines “traditionally occupied indigenous lands” as those “inhabited and used” by indigenous people for their productive activities on the date of promulgation of the Constitution.

The understanding of deputies and senators is contrary to that of the ministers of the Federal Supreme Court. In September, the STF invalidated the Marco Temporal thesis because it understood that it contradicts the principles of the Brazilian Constitution.

Other points vetoed by Lula in the project were maintained by parliamentarians, such as: the resumption of indigenous land by changing cultural traits; the planting of transgenics on indigenous lands; and contact with isolated people, which must be avoided as much as possible, except in cases of medical assistance or public utility.

Last week, when participating in the Bom dia Ministra program, here on EBC, the Minister of Indigenous Peoples Sônia Guajajara stated that the government will appeal to the STF against this law enacted by the National Congress.