STF has a score of 3 votes to 0 against the time frame

The Federal Supreme Court (STF) registered yet another vote for the unconstitutionality of the time frame for the demarcation of indigenous lands. The case is judged in a virtual plenary session of the Court.

With the vote of Minister Cristiano Zanin, the Court has a score of 3 votes to 0 against the restriction. Earlier, ministers Gilmar Mendes, rapporteur, and .

The Federal Supreme Court (STF) registered yet another vote for the unconstitutionality of the time frame for the demarcation of indigenous lands. The case is judged in a virtual plenary session of the Court.

With the vote of Minister Cristiano Zanin, the Court has a score of 3 votes to 0 against the restriction. Earlier, ministers Gilmar Mendes, rapporteur, and Flavio Dino also voted in the same direction.

Voting began today and will remain open until Thursday (18), at 11:59 pm. There are seven votes left.

Understand

Two years after the Court declared the landmark unconstitutional, ministers returned to analyzing the issue.

In 2023, the STF considered that the time frame was unconstitutional. Furthermore, the landmark was also blocked by President Luiz Inácio Lula da Silva, who vetoed part of Law 14,701/2023, in which Congress validated the rule. However, parliamentarians overturned Lula’s veto.

In this way, the understanding once again prevailed that indigenous people only have the right to lands that were in their possession on October 5, 1988, the date of the promulgation of the Federal Constitution, or that were under legal dispute at the time.

After voting on the presidential veto, the PL, the PP and the Republicans filed actions with the STF to maintain the validity of the bill that recognized the time frame thesis.

On the other hand, entities representing indigenous people and government parties also appealed to the Supreme Court to challenge the constitutionality of the thesis again.

Senate

In parallel to the Supreme Court’s judgment, last week the Senate approved the proposal for Amendment to the Constitution (PEC) 48/23, which inserts the time frame thesis into the Magna Carta.