The group also set preliminary dates in September, but is awaiting a statement from APIB, which is considering withdrawing from the initiative.
The special committee to discuss the time frame in STF (Supreme Federal Court) determined that the group’s next meetings should be held on August 28, September 9 and September 16, from 1 pm to 7 pm.
A APIB (Articulation of Indigenous Peoples of Brazil) will have 48 hours to confirm the dates, as it is deliberating whether or not to continue participating in the commission.
The group’s work began this Monday (5 August 2024) and will continue until 18 December of this year, with periodic meetings of participants to discuss the topic.
In the 1st hearing, the members of the committee spoke briefly about the committee’s work and some brought requests to the STF, such as Apib, which once again insisted on the suspension of the Law 14.701of the temporal framework.
Minister Gilmar Mendes, who designated the creation of the commission, signaled, in the opening, the opportunity to “historical pacification” that the STF consensus proposal represents. He said that it should be used to result in “cooperation between all“.
During the meeting, Apib expressed dissatisfaction with the minister’s position in conducting the processes.
CONCILIATION WILL HAVE PHASES
Gilmar Mendes presented the scope of each part of the conciliation. There will be several meetings until December, which must follow the “phases” of the process.
First, clarification will be provided regarding the commission’s methods and objectives, as well as the role and limits that each member must follow.
Afterwards, there will be an in-depth study of legal texts, such as the Federal Constitution, the American Convention on Human Rights and the Supreme Court’s case law in cases dealing with similar topics.
Finally, proposals for reviewing or improving the laws of the Indian Statute It’s from time framebased on what was raised by the group in the previous stages.
The review, according to the minister, must be in accordance with the interpretation of the Supreme Court – which decided that unconstitutionality of the time frame, according to which indigenous people would only have rights to the lands that were in their possession on October 5, 1988, the date of the promulgation of the Magna Carta.
CONCILIATION IN CHECK
The attempt at conciliation was determined by Gilmar Mendes after actions dealing with the temporal framework law reached the Supreme Court.
With differing content, some call for the suspension of the rule, while another wants to declare the validity of the law enacted by Congress in December 2023.
However, Apib, the author of one of the lawsuits on the subject that are being processed at the STF, said that it is considering withdrawing from the committee if it understands that it is at a disadvantage in the deliberations.
When questioning the use of conciliation as a method for resolving conflicts involving indigenous peoples’ right to land, which is considered fundamental and is included in the Constitution, the entity criticized Gilmar.
“The minister’s ruling suggests that the political system’s attack on the constitutional rights of indigenous peoples, represented in Law 14.701/2023, deserves to be considered at a conciliation table. In practice, disobedience, infidelity, and lack of commitment to the Constitution are rewarded.”he says.
Auxiliary judge Diego Veras, who was conducting the conciliation in the absence of Gilmar Mendes, said that yes, the work will continue if Apib withdraws, since just as being part of the commission is a choice of the members, leaving it is also a choice.
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