Supreme Court postpones for the third time the continuation of trial that could define future of indigenous lands

The Supreme Court (STF) has again postponed the continuation of the trial on the “Marco Temporal” [time frame thesis], which will define the future of the demarcation of indigenous lands in Brazil. The trial was scheduled to return to the plenary session on June 23. Voting began in August 2021 and has since been suspended on two occasions.

The trial is about the Extraordinary Appeal 1017365, which asks for a resolution of the Ibirama-Laklãnõ Indigenous Land case, filed by the government of Santa Catarina against the Xokleng people, which has the “thesis” of the “time frame” as a premise. The thesis postulates that which indigenous people can only claim lands that were under effective occupation at the time of the enactment of the Constitution of 1988. The STF’s decision on the case will have general repercussion, that is, it should be followed by the justice system in similar cases.

So far, the score is tied at 1-1. Justice Edson Fachin, the rapporteur, voted against the Marco Temporal and defended the original right of indigenous peoples over the lands they traditionally occupy. The minister Nunes Marques, nominated by Jair Bolsonaro, declared his vote in favor, stating that it is the proposal “that best reconciles the interests at stake”. The president has said in statements that he will not respect the decision of the STF if it is unfavorable to the agribusiness thesis.