Indigenous people ask for in-person discussion on suspension of the Temporal Framework

Indigenous leaders are trying to convince the ministers of the Federal Supreme Court (STF) to transfer to the physical plenary of the Court the analysis of the precautionary decision by Minister Gilmar Mendes, which determined the suspension of the procedural progress of all legal actions that deal with the constitutionality of the so-called Marco Temporal – legal thesis according to which original peoples only have the right to the territories they occupied in October 1988, when the current Federal Constitution was promulgated.

“We need it. We will be very frustrated if this doesn’t happen. Because this is a discussion that has to be held in the physical plenary, with open doors, with indigenous peoples sitting in the plenary”, commented the legal coordinator of the Articulation of Indigenous Peoples of Brazil (Apib), Maurício Terena.

Legal coordinator at Apib, Maurício Terena Photo: Fabio Rodrigues-Pozzebom/ Agência Brasil

In his decision this Monday (22), Mendes assesses that, in a first analysis, it is possible to conclude that “several provisions” of Law No. 14,701, which the National Congress approved in September 2023, establishing the Temporal Framework, contradict the previous opinion of the STF, according to which the constitutional right of original peoples to traditional territories does not depend on the existence of a time frame.

Despite this, in addition to suspending legal proceedings regarding the constitutionality of the law that established the Temporal Framework until the other ministers express their opinion on the issue, Mendes ordered the establishment of a conciliation process, establishing a period of 30 days for the parties to manifest themselves, presenting their proposals.

The monocratic (that is, individual) decision frustrated the indigenous movement. On Tuesday (23), one of Apib’s coordinators, Kleber Karipuna, classified it as “arbitrary”. Today, during a press interview at Acampamento Terra Livre, in Brasília, Maurício Terena referred to it as an “ambiguous” sentence.

“If he says it is unconstitutional [que se choca com conclusão anterior da própria Corte]why not suspend [a Lei nº 14.701. É uma decisão muito questionável”, afirmou. “E estamos avaliando que caminho [judicial] take, or, perhaps, propose embargoes for clarification”, added Maurício, criticizing the judgment of the merits of the Constitutionality Declaratory Action (ADC nº 87) through the virtual plenary.

“They [ministros] have to decide the issue again looking us in the face, with our participation [presencial]”, said the legal coordinator of Apib, revealing that indigenous leaders have sought out some ministers in order to raise awareness. “The legal-political strategy is also this. Why [a decisão cautelar de Gilmar Mendes] there will be a referendum next week, but if a minister asks for prominence, [o item] leaves the virtual plenary and goes to the collegiate [presencial]. Any minister can ask [destaque] and we have already requested this from some of them”, revealed Maurício.