Senate approves cancellation of Lula decrees on indigenous lands

The Senate approved on Wednesday (28) a project of legislative decree that nullifies acts of President Luiz Inacio Lula da Silva (PT) related to the demarcation of indigenous lands in Santa Catarina.

The proposal, authored by Senator Sergio Moro (União-PR), represents a defeat to the Federal Government and will still be analyzed by the plenary of the Chamber of Deputies.

Voting happens amid increasing tensions between the three powers on the subject.

On Tuesday (27), the Minister of Environment, Marina Silva, abandoned a senate hearing after disagreements with parliamentarians over BR-319, a highway that connects Porto Velho (RO) to Manaus (AM).

The climbing of clashes marks a delicate phase in the government’s relationship with Congress, especially with the ruralist bench.

In a statement, the Ministry of Indigenous Peoples classified the approval of the project as a “setback to indigenous rights”, pointing out violation of article 231 of the Constitution.

The Ministry argues that the demarcations follow technical and legal criteria validated by current regulations, being the responsibility of the Executive.

The controversy on demarcations gained a new breath in 2023, when the Senate approved the temporal mark thesis, which limits indigenous rights to lands occupied until 1988.

The measure was considered unconstitutional by the Supreme Court, but the congress overthrew the presidential veto to the new legislation, which further intensified the spirits between the powers.

At the center of the conflict is the understanding that the executive would have broken negotiations ongoing to demarcate land in Santa Catarina by decree.

Senate President David Alcolumbre (Union-AP) said he felt “deceived” by the government and criticized the unilateral stance, while representatives of the three powers sought an agreement mediated by Minister Gilmar Mendes of the Supreme.