In a conciliation hearing, the STF minister criticizes positions that “sell illusions” and “encourage invasions and conflicts”
The Supreme Court Minister Gilmar Mendes criticized on Monday (12.MAI.2025) the performance of NGOs (non -governmental organizations) and congressmen in the work of the temporal mark for the demarcation of indigenous lands. According to the minister, both act “irresponsible” by promising solutions they cannot comply.
“We have seen parliamentarians electorally defending unrealistic, demagogic positions, forgetting that they are selling illusions, while many NGOs end up encouraging invasions and conflicts. They both act irresponsibly, because they cannot ensure peace in the field, which turns out to be a ‘lucrative business’ for such intermediaries of the conflict. daydreams and promise what they cannot fulfill.said Gilmar.
The statement was during the opening of the conciliation hearing on the law regulating the demarcation of indigenous lands. The commission, which had its works extended until June 25, aims to elaborate a draft for the norm.
Gilmar recognized the commission’s advances, but said that, to sit at the table, it is necessary “Interest and good faith” to “Solve problems from hundreds of years”. The magistrate defended the dialogue to find a “New form of peaceful coexistence”.
“We can have a new form of peaceful coexistence, with demarcations, deadlines and indemnities, bringing legal certainty to indigenous and non -indigenous people. This is what we need to focus now on and I hope you can move forward, because this historical moment of people, once enemies, sitting at the table, is worthy of registration and congratulations among all Brazilian citizens of different wages of thought.”he declared.
Despite defending the attempted Supreme -mediated dialogue, the Court dean stated that STF’s court decisions will not be able to end the land conflict, because Congress studies its own measures.
“Parliament has already warned that it studies approving a PEC [Proposta de Emenda à Constituição]while the government will have a legal uncertainty that can paralyze the demarcations until the STF is again triggered and has to analyze the legal hygidity of the future constitutional amendment ”.
According to him, in this context, even if the court interferes, conflicts in the field will persist with violations of rights and deaths, “No other way out to the Federal Government but to act through expropriations”.
Temporal landmark
In 2023, the unconstitutional supreme the thesis of the temporal landmark, which determined that indigenous people would only be entitled to the lands they occupied from the promulgation of the Constitution, on October 5, 1988. Days later, Congress a law () creating the time frame. The president (PT) vetoed the project, but the veto was overthrown by the congress.
In the Supreme Court, Gilmar is the rapporteur of several actions that question the law, a context in which the conciliation committee was created in August 2024. Negotiation is conducted by auxiliary judges of his cabinet, but has not yet had a result. Representatives of the Union, States, Municipalities and Congress participate.
The (articulation of indigenous peoples) left the commission in August, for not agreeing with the conciliation proposal. According to the entity, indigenous rights are not negotiable and there is no parity in the debate.
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