The Supreme Court of Brazil sets rules for the demarcation

The Supreme Court of Brazil sets rules for the demarcation of indigenous lands

The aim now is to provide a consideration that will serve as a guide for native heritage jurisdiction disputes brought before the courts. The higher court wants to ensure the legal certainty of the demarcations.

Following the historic decision of September 21, when the Supreme Court rejected by nine to two the application of the transition milestone in the Aboriginal Constituency constituency, the determination of the parameter will be made on the basis of the proposal to be presented by Minister Edson Fachin. Rapporteur of the case.

Among the points to be discussed is the possibility of compensation for people who acquired land in good faith.

The court will also decide whether this payment will be conditional on farmers leaving indigenous lands.

In this case, charitable and land compensation would apply to owners who have received land titles from the federal and state governments that should be considered native areas.

Minister Antonio Días Toffoli’s proposal to authorize the economic use of the heritage by locals can also be discussed.

According to the proposal, with the approval of Congress and the indigenous population, the production of crops and mineral resources such as potassium could be commercialized by communities.

Also that day, the Senate’s Constitutional and Justice Commission (CCJ) planned to vote on the provisional framework.

The Senate agency points out that the referendum on the project in this Legislative Council leads to a deadlock following the STF’s decision.

It says that senators who oppose the text argue that the initiative would be unconstitutional even if adopted.

According to the Supreme Court’s opinion signed on September 21, the date of promulgation of the Federal Constitution (October 5, 1988) cannot be used to define the traditional occupation of the land by these indigenous communities.

Such a project was already approved by the Agriculture and Agrarian Reform Commission in August and is now awaiting a vote in the CCJ, where Senator Marcos Rogério is the speaker.

The content was approved by the Chamber of Deputies at the end of May after more than 15 years of processing.

According to the text, an area that is considered “traditionally occupied indigenous land” must demonstrate that it was permanently inhabited by the original community and used for productive activities at the time of the promulgation of the Federal Constitution.