Gilmar Mendes requests opinion from the Attorney General's Office regarding the time frame.
The prosecutor's office has 15 days to respond.
André Richter - Reporter for Agência Brasil
O Supreme Court Justice Gilmar Mendes has given the Attorney General's Office 15 days to respond to the five lawsuits. They discuss the time frame. for the demarcation of indigenous lands.
The minister also authorized the National Indigenous Peoples Foundation (Funai), the government of Santa Catarina, and other entities to be admitted as interested parties in the proceedings.
All parties involved will also be able to comment on the final text that was approved by the special committee that debated a proposed legislative amendment on the subject.
After receiving the submissions, the minister will have to release the cases for judgment..
Time frame
In September 2023, the The Brazilian Supreme Court (STF) has ruled that the time frame for the demarcation of indigenous lands is unconstitutional..
Subsequently, President Luiz Inácio Lula da Silva vetoed the bill that validated the framework.
However, in December 2023, the National Congress overturned the president's veto and reinstated the validity of the framework.
Thus, the understanding prevailed that indigenous people only have rights to lands that were in their possession on October 5, 1988, the date of the promulgation of the Federal Constitution, or that were under judicial dispute at the time.
Following the vote on the presidential veto, the PL, PP, and Republicanos parties filed lawsuits to uphold the validity of the bill that recognized the temporal framework thesis.
Organizations representing indigenous peoples and governing parties have also appealed to the Supreme Federal Court (STF) to once again challenge the constitutionality of the thesis.
