Representative entity left the negotiating table due to “lack of parity in the debate”; Sustainability announces exit
The Minister of STF (Federal Supreme Court) Gilmar Mendes said this Monday (September 9, 2024) that the Court’s conciliation hearings on the Temporal Framework law will continue “with whoever is at the table”.
At the last hearing, held on August 28, the APIB (Articulation of Indigenous Peoples), the main entity that works to defend indigenous people, has decided to leave the negotiating table. It is advocating the suspension of the law. The judge says he is awaiting the entity’s response.
At the opening of the session on Monday (9th September), Gilmar stated that he is awaiting the return of indigenous representatives to the discussion. For the minister, it is necessary “political disposition” to sit at the table and “to strip oneself of stratified certainties”. Mendes is the rapporteur of several actions in the STF that discuss the validity of the Temporal Framework law, approved by the National Congress after the Supreme Court declared the thesis unconstitutional.
“I would like to make a special mention that we are awaiting the return of representatives of indigenous communities to this negotiating table. For now, out of consideration for those who were absent, I would like to make it clear that this afternoon there will only be legal debates, until the representatives appointed by APIB return to the dialogue.”he declared.
The Rede Sustentabilidade party then also left the negotiating table. Rafael Lopes, the party’s legal representative, said he would follow APIB’s stance.
Conciliation hearings
In September 2023, the Supreme Court decided to overturn the temporal framework thesis, which determined that only territories that were occupied by native peoples in 1988, the date of the promulgation of the Constitution, could be demarcated as indigenous lands.
In response, Congress passed a law to the contrary. As a result, lawsuits challenging the law began to be filed with the Supreme Court. The minister, who was the rapporteur for several of these lawsuits, decided to set up a special committee to bring together interested parties (ruralists, environmentalists, indigenous people, civil society, among others) to reach a consensus.
The conciliation hearings began on August 5. On the 28th, APIB left the table. The debate will continue even without the entity’s representation.
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