Legal certainty on the time frame is the subject of debate on CNN

Suspended since Minister Alexandre de Moraes asked for a view, the judgment on the Temporal Framework should be resumed by the Federal Supreme Court (STF) in June. In a debate held by CNN this Monday (30), federal deputies Rosa Neide (PT-MT) and Sérgio Souza (MDB-PR) discussed the matter.

In favor of the time frame, deputy Sérgio Souza, who is also president of the Parliamentary Agricultural Front, said that “Indians must have the right to their land, they must see their lands demarcated, but they also have the right of the third party, of the right to property – which is a fundamental right, placed in Article 5 of the Federal Constitution, which is the right of the private”.

On the other hand, Congresswoman Rosa Neide, who is part of the Mixed Parliamentary Front in Defense of the Rights of Indigenous Peoples, criticized the establishment of the framework. “We have to respect the original law. It is in this sense that the Supreme Court must judge, so that the indigenous populations, the indigenous peoples of the country can live in peace and can have tranquility in their lives and in their culture”, she defended.

The “time frame” determines that land demarcation can only take place if it is proven that indigenous peoples occupied the required space before October 5, 1988, the date on which the current Federal Constitution was approved.

The judgment’s score is tied at 1 to 1, with the vote of Minister Nunes Marques in favor of the thesis and the vote against the rapporteur of the case, Minister Edson Fachin.

“Minister Fachin already rejects the thesis of the time frame and votes in favor of the indigenous people”, reiterated Neide. “To advance in the civilizing process, we must not deny the indigenous people their rights”, he added.

In Souza’s assessment, “we do not separate the black, white, indigenous, poor, rich, more affluent or less affluent Brazilian citizens. We defend that everyone should have the same rights under the Federal Constitution”.

Watch the full debate in the video above.

Source: CNN Brasil

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