On Thursday (14), Brazilian federal deputies and senators may vote to overturn the vetoes of President Luiz Inácio Lula da Silva (Workers’ Party) to the bill 14701/2023, which establishes the so-called time frame limitation thesis to demarcate Indigenous lands. On the same day, entities that represent Indigenous peoples will protest around the country and on social media platforms.
The vote is expected to take place in a joint session (with deputies and senators). To overturn the vetoes, the votes of half of the congresspeople are required – that is, 257 federal deputies and 41 senators.
The time frame limitation thesis determines that Indigenous people can only demand land they already occupied when Brazil’s 1988 Constitution was promulgated. The Articulation of Indigenous Peoples of Brazil (Apib, in Portuguese) announced that they would call on the Supreme Court (STF, in Portuguese) to request the law to be declared unconstitutional. It will be done after the vote that will be held on Thursday.
It is noteworthy that the time frame thesis has already been discussed by the Court, whose decision was that it is unconstitutional (9-2 votes). The approval of the current law was seen as an affront by Congress to the Supreme Court.
“The law and the bill are unconstitutional. The STF must analyze them. However, while the Direct Unconstitutionality Action (ADI, in Portuguese) isn’t judged by the Court’s ministers, our parentes [a term Indigenous peoples in Brazil use to refer to other Indigenous peoples] are dealing with the invasion of their lands, killings and the devastation of the environment. That’s why we requested that early emergency relief be granted [for the issue]. We can’t wait while Indigenous communities die," said APIB's executive coordinator, Dinamam Tuxá.
Other issues
The Congress joint session to be held on Thursday may also analyze Lula’s vetoes of dozens of other bills. They include the reduction of payroll taxes in 17 sectors of the economy, and a bill allowing students from rural schools to divide their teaching hours between the classroom and practical activities in the field.
