Text determines compensation for owners of areas designated for indigenous people, as long as they are not involved in land conflict
Aligned with the president’s government Luiz Inácio Lula da Silva (PT), the senator Alessandro Vieira (MDB-SE) presented a replacement text for the time frame bill (2903/2023), which is being processed by the Senate’s CCJ (Constitution and Justice Committee). The amendment was filed on September 19th and, now, with the decision of the STF (Supreme Federal Court) to reject the thesis, the government supporters are arranging for the amendment to be the final text of the project, according to the report. Power360.
Presented as an amendment, in practice, the text removes the thesis from the temporal framework. Defended by landowners, the thesis establishes that indigenous people would only have the right to lands that were in their possession on October 5, 1988, the date of the promulgation of the Constitution, or that were under legal dispute at the time.
The highlight of the amendment is what determines the possibility of compensation to owners of land that will be allocated to indigenous communities. Here’s the complete of the amendment (PDF – 161 kB).
Compensation will be made to the owners who occupied the land “in good faith”, with payment made by the “public entity whose illicit activity has aroused legitimate confidence” in the current owner. To receive compensation, whether in cash or in Agrarian Debt Bonds, the person must not be involved in land conflicts.
Alessandro’s text also allows the PF (Federal Police) and the Armed Forces to operate on indigenous lands. However, it will be necessary to “dialogue with indigenous communities”. The proposed substitute also prohibits contact with isolated communities.
On the other hand, while the text of the rapporteur of the time frame in the Senate CCJ, Marcos Rogério (PL-RO), allows public authorities to install infrastructure works on indigenous lands, the current one indicates that action by the community itself is necessary. In other words, economic and tourism activities can be carried out, as long as they are organized by the indigenous people themselves.
The CCJ should re-analyze the time frame bill next Wednesday (September 27, 2023). Government congressmen will try to approve the replacement. One of the arguments is that the STF’s decision on the topic makes it impossible for the current opinion to be approved, with the risk of the Court considering the law unconstitutional.
On Thursday (September 21), the STF rejected the time frame thesis, by 9 votes to 2. On the same day, senators opposing the Lula government filed PEC (Proposed Amendment to the Constitution) 48/2023, for the resumption of the time frame. The presentation of the proposal was a response to the Supreme Court’s decision.
GOVERNMENT SUBSTITUTE
Senator Alessandro Vieira prepared the replacement text together with Apib (Articulation of Indigenous Peoples of Brazil) and the Ministry of Indigenous Peoples.
According to the leader of the Government in Congress, senator Randolfe Rodrigues (without party-AP), the text is an attempt to seek a “mediation” between Congress and the STF – whose relationship has been strained in recent months.
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