Most of the ministers followed Gilmar Mendes, who presented a proposal for a possible bill on the subject and established a deadline of 10 years for the federal government to complete the demarcation of indigenous lands
O formed this Wednesday (17) a majority to invalidate the law that established . The majority was formed with the vote of Alexandre de Moraes. “The passage of more than 32 years after this period, without the procedures having significantly advanced, or relevant efforts having been undertaken in this regard, constitutes a reiterated unconstitutional omission capable of justifying its correction under constitutional jurisdiction”, stressed Moraes.
The following have already voted: Gilmar Mendes, Flávio Dino, Cristiano Zanin, Luiz Fux and Alexandre de Moraes. Cármen Lúcia, André Mendonça, Kassio Nunes Marques and Edson Fachin remain to vote.
Most of the ministers followed Gilmar Mendes, who voted in favor of invalidating the law, presented a proposal for a possible bill on the subject and established a deadline of 10 years for the federal government to complete the demarcation of indigenous lands. A deadline was also defined for the Union to complete all pending processes in the country.
On December 9, the Senate approved the proposal that establishes the time frame for demarcation, in an express deliberation in two rounds. However, the case returned to the agenda..
He argued that setting the date as a time frame ignores the history of embezzlement and violence against original peoples, violating immovable clauses and generating legal uncertainty. The trial in the virtual plenary of the STF is expected to end next Thursday (18), if there is no request for review (more time for analysis) or highlight (which would take the discussion to the physical plenary).
