The president of the Senate, Davi Alcolumbre (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 trial on the same topic in the plenary session of the Federal Supreme Court (STF).
This is yet another sign of the worsening relationship between the National Congress and the STF, shaken after the preliminary decision by Minister Gilmar Mendes, which made it difficult to open impeachment proceedings against members of the Court.
Gilmar Mendes reports the case at the STF
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.
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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. President Luiz Inácio Lula da Silva vetoed it and both Houses voted to overturn the presidential veto.
Effective reciprocity
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”.
