And the days of struggle continue for the indigenous peoples of Brazil. This Wednesday (June 7th), the Supreme Federal Court (STF) will resume the trial of the 'time frame', a legal thesis that determines territorial recognition only for indigenous peoples who were in their territories on the date of the promulgation of the Federal Constitution on October 5, 1988.
The case centers on the repossession action filed by the government of Santa Catarina against the Xokleng people of the Ibirama-Laklãnõ Indigenous Land, since the Supreme Federal Court (STF) granted the process "general repercussion" status. The case is important because the decision will serve as a precedent for the federal government and all levels of the judiciary regarding demarcation procedures.
“Indigenous populations were here before the formation of the nation-state. The argument that they should have been in that space on October 5, 1988, does not apply to the traditions, culture, and connection that these populations have with their lands; therefore, this is a misunderstanding of what constitutes indigenous land,” stated João Guilherme Nunes Cruz, coordinator of the Indigenous Peoples Program at ISPN, in an interview for the “ISPN Comments” segment, a new program from the Institute available on YouTube.
Therefore, the 'time frame' disregards the fact that many peoples were expelled from their lands in the name of the agricultural and urban expansion project promoted by the Brazilian State. Decimated by diseases and/or acts of extermination resulting from this process of territorial usurpation, several indigenous groups could not have been present on their ancestral lands on the date of the promulgation of the Constitution. Therefore, this argument is unconstitutional and directly violates the original right enshrined in Article 231 of our Federal Constitution.
Called for by the Articulation of Indigenous Peoples of Brazil (Apib) and its regional organizations, several mobilizations against the 'time frame' thesis are taking place throughout the country this week. In Brasília (DF), since Sunday (July 4), around 2,000 indigenous people have been camping near the Esplanade of Ministries to follow the trial, march, and coordinate dialogue agendas with sectors involved with the issue.
“We at ISPN stand with the indigenous people in the fight against the 'time frame' and hope that the Supreme Federal Court will be able to understand the significance of the occupation of these spaces by indigenous peoples,” emphasizes coordinator João Guilherme Nunes Cruz.
Below you will find the full interview with the coordinator. In it, João Guilherme also comments on the indigenous lands recently approved by President Lula during the Free Land Camp in April of this year; the importance of the National Policy for Territorial and Environmental Management of Indigenous Lands (PNGATI); and the Environmental and Territorial Management Plans (PGTAs).