Last Wednesday (7) we had the return of the vote in the Federal Supreme Court on the case of the Ibirama-Laklãnõ Indigenous Land in Santa Catarina, an area of approximately 15 thousand hectares, of the Xokleng, Kaingang and Guarani peoples who occupied it before the invasion. the lands that today we know as the South and Southeast of Brazil. Today, treated as invaders within their own sacred and original lands, they await a decision with general repercussions on the demarcation of their territory that could affect many other indigenous lands.
The thesis of the temporal framework determines that only people who were occupying those lands on October 5, 1988, the date of promulgation of the Constitution, would have the right to demarcate their territories. Wanting to put a mark on our lives, ignoring extermination, genocide, robbery and dispossession. Ignoring that our history does not begin in 1988, nor in 1500. There is no milestone in our Constitution, what exists is an attempt to continue colonizing and exterminating us, of non-reparation of history for those who were already here.
The minister reporting the case, Luiz Edson Fachin, has already voted against the time frame, and minister Nunes Marques, in favor. Minister Alexandre de Moraes declared his vote against the time frame thesis, but brought conditions.
The minister recognizes the major violations that the temporal framework thesis could bring to indigenous peoples, but brings the understanding that the State is obliged to indemnify people in good faith who had the title of property granted by the public power.
However, the minister also suggested the possibility of compensating the indigenous people with other lands, which clearly does not take into account what the territory means to the original peoples. Which differs from white thinking that continues to see land as profit. As Ana Carolina well pointed out in her article for the Sheet: “For the country to be able to discuss the legal thesis of the temporal framework, it is necessary, first, to establish a philosophical treaty: we are not talking about the same land when it is signified by whites or by indigenous people”.
This is not a debate about heritage for us, it’s about territoriality and belonging, it’s about the Maroh-ey (spirits) and what’s sacred, it’s about where our ancestors walked, where our grandparents were buried, it’s about the life that has there, about healing, water and food.
After Moraes’ vote, Minister André Mendonça asked for a review, once again suspending the trial, as a political maneuver in an attempt to accomplish the same feat of the Chamber in the Senate, approving the thesis through PL 2903, before the vote in the STF.
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