Indigenous peoples to defeat under Brazil on the delimitation of land

On Thursday, the STF will rule on that thesis again, but the court’s chief judge, Louise Foo, postponed the analysis without a specific return date.

Despite the postponement, that day led to a mobilization of the natives.

“This trial raises questions about the authenticity of more than 800 indigenous lands in the country,” the Brasil de Fato portal quotes Kerexu Yxapyry, leader of the Guarani Mbya people and coordinator of the Guarani Yvyrupa Commission.

The member also emphasized in the Indigenous Peoples of Brazil Statement that “the interim framework, in fact, should not exist”, but, as is clear, the decision in this regard would be a turning point.

The Supreme Court must vote on a land restitution case brought by the southern Santa Catarina state government against the Xokleng people, who were driven from their traditional hunting properties more than a century ago to make way for European settlers.

This petition refers to the indigenous lands of Ipirama-Laklono, where the Guaraní and Kaengang peoples live. Since 2017, the state has invoked the premise of the temporary framework to claim the territory.

According to this political-legal interpretation, land tenure is guaranteed only to those who can prove that they were in the area on the date of publication of the Federal Constitution, October 5, 1988. In practice, this limits recognition.

In 2019, the STF gave the process a “public reversal” status, meaning that the decision in the case would serve as evidence for the federal leadership and all cases of justice regarding the demarcation procedure.

So far, three allegations have been made by the Indigenous Movement and the Indian National Foundation (Funai) officials, on strike since English journalist Dom Phillips and Indigenous speaker Bruno Araujo went missing on June 5 in the Amazon, where he was later found to be a savage. killing.

First, they demand that the temporary framework be judged and dropped by the STF; Justice for Guardian contributor and researcher in Indigenous communities; And the exemption of Marcelo Xavier from the presidency of Funai.

The failure of the Supreme Court would mean a setback for the rights of indigenous peoples. Its design, which may require several hearings, would set legal precedent.

dfm / ocs