Indigenous people criticize suspension of actions against Marco Temporal

Indigenous leaders criticized the decision of Minister Gilmar Mendes, of the Federal Supreme Court (STF), who ordered the establishment of a conciliation process in the set of legal actions that question the constitutionality of the Marco Temporal, a legal thesis according to which indigenous people only have the right to the territories they occupied in October 1988, when the Federal Constitution was promulgated.

In practice, the monocratic (i.e. individual) decision, this Monday (22), suspends the procedural progress of all actions on the subject until the STF delivers the definitive ruling on the legality of the Temporal Framework.

“Minister Gilmar Mendes made an arbitrary decision, partially rejecting the Direct Action of Unconstitutionality [ADI nº 7582] filed by Apib [Articulação dos Povos Indígenas do Brasil]”, said this Tuesday (23) Kleber Karipuna, one of Apib’s executive coordinators, when referring to the action that the indigenous entity filed with the STF in December 2023.

In the action, Apib, PSOL and Rede Sustentabilidade ask the Court to declare the unconstitutionality of Law No. 14,701, approved by the National Congress in September last year, a week after the Supreme Court considered it unconstitutional to limit the right of indigenous communities to exclusive enjoyment of lands traditionally occupied by its peoples depending on the date on which the Federal Constitution came into force.

Based on this first Court decision, President Luiz Inácio Lula da Silva partially vetoed the law. In December, however, the National Congress overturned the presidential veto.

In addition to ADI 7582, at least three other lawsuits relating to the effects of the law and the Temporal Framework are being processed by the STF: ADI 7583, presented by PT, PCdoB and PV, and ADI 7586, by PDT, which ask the Court to reaffirm that the legal thesis is not compatible with the constitutional protection of the rights of indigenous peoples; In the Constitutionality Declaratory Action (ADC) 87, Progressives, Republicans and Liberals ask for the law to be validated. Minister Gilmar Mendes is the rapporteur of the processes.

In this Monday’s decision, Minister Gilmar Mendes argues that, upon preliminary analysis of Law 14,701, he found that, apparently, several aspects of the law “can be read in a contrary sense to the initial understanding” of the STF Plenary.

“However, while the Court does not conclude the meritorious assessment of such actions, I am extremely concerned about the possibility that the persistence of apparently contradictory signs could generate a situation of severe legal uncertainty. Along these lines, I consider it necessary to grant a precautionary measure to determine the immediate suspension of all legal proceedings that discuss, within the scope of other bodies of the Judiciary, the constitutionality of Law 14,701/2023, while this Supreme Court promotes the due assessment of compliance of the aforementioned norm with the Constitution”.

“We woke up with [uma decisão] in which a Supreme Court minister confirms [autoriza] the continuity of the death of the indigenous people. Because that’s it. The Temporal Framework, Law 14,701, [autoriza] the continued murder of our people. There are reinstatements of [terras ocupadas por indígenas] already in force, threatening our people”, declared the executive coordinator of Apib, Alberto Terena, during a press conference that parliamentarians from the progressive camp and indigenous leaders held in the Chamber of Deputies, shortly before the start of the solemn session in honor of the 20th anniversary of the Terra Livre Camp, which takes place this week, in Brasília.

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