Voting on the proposal in the Senate takes place one day before the judgment on it in the plenary of the Federal Supreme Court
The president of the Senate, (União-AP), scheduled for this Tuesday (9), the vote on the proposed amendment to the Constitution (PEC) of the Temporal Framework for indigenous lands, one day before the judgment on the same in the plenary of the Federal Supreme Court (). This is yet another sign of the worsening relationship between the National Congress and the STF, shaken after the minister’s preliminary decision, which made it difficult to open impeachment proceedings against members of the Court.
Gilmar Mendes himself is the rapporteur of the case at the Supreme Court. Last year, he formed a commission that tries to reach a consensual text on the law that adopts the time frame. A movement led by the Parliamentary Agricultural Front worked to approve, in 2023, a bill that limits demarcations of indigenous lands to those occupied by them until the promulgation of the Constitution in October 1988.
This project was approved in a trial that took place in September of that year, when the STF declared the thesis unconstitutional. Since then, the Three Powers have been unable to reach a common denominator. The project was approved in the Senate and the Chamber of Deputies. The president vetoed it and both Houses voted to override the presidential veto.
The Marco Temporal PEC would include the thesis in the Constitution. The text was authored by senator Dr. Hiran (PP-RR) and was blocked by the Constitution and Justice Commission (CCJ).
This week, in reaction to Gilmar’s decision, Alcolumbre demanded “effective reciprocity” from the STF towards the Upper House of Congress, as well as “genuine, unequivocal and permanent respect from the Judiciary to the Legislative Power, its constitutional prerogatives and the legitimacy of our decisions”.
*With information from Estadão Conteúdo
