Senate approves Marco Temporal PEC in a vote without a break

The Senate approved this Tuesday (9) the proposal for Amendment to the Constitution (PEC) 48/23, which establishes the thesis of the time frame for the demarcation of indigenous lands.

The thesis says that indigenous peoples would only have the right to areas occupied or under dispute on the date of promulgation of the Constitution, on October 5, 1988.

Before the vote, the senators approved a request to establish a special calendar for analyzing the proposal, without the need for an interval between the two rounds of voting. As a result, the text was approved by 52 votes in favor and 14 against in the first round and with 52 in favor and 15 against in the second. The project will now be analyzed by the Chamber of Deputies.

The text says that lands traditionally occupied by Brazilian indigenous people are those that, on the date of promulgation of this Constitution, were simultaneously inhabited by them on a permanent basis, used for their productive activities, essential to the preservation of the environmental resources necessary for their well-being and necessary for their physical and cultural reproduction according to their uses, customs and traditions, with expansion beyond the limits already demarcated being prohibited.

Still according to the proposal, in the absence of traditional indigenous occupation on the date of promulgation of the Constitution, or persistent proven embezzlement, acts, legal transactions and res judicata relating to fair title or possession in good faith of the claimed areas, by a private individual, are valid and effective.

The text guarantees the right “to fair and prior compensation”, at the market value, of bare land and necessary and useful improvements, by the Union, in the case of expropriation due to social interest. Furthermore, it opens up the possibility of compensating the indigenous community with equivalent areas.

Project

The PEC was presented by senator Dr. Hiran (PP-RR) and received a favorable report from senator Esperidião Amin (PP-SC). The inclusion of the proposal on the agenda was announced last week by the president of the Senate, Davi Alcolumbre (União-AP) as a reaction to the monocratic decision of the minister of the Federal Supreme Court (STF), Gilmar Mendes, that only the head of the Attorney General’s Office (PGR) is able to denounce ministers of the Court to the Senate for crimes of responsibility.

When defending the proposal, Amin recalled that the issue is on the agenda of the Federal Supreme Court. The court will debate the issue again tomorrow (10). In 2023, the STF considered that the time frame was unconstitutional.

Before resuming the trial, the STF held several hearings of a conciliation commission between the parties involved in the matter. Conciliation was called by minister Gilmar Mendes, rapporteur of the actions.

“I believe that by approving this Proposed Amendment to the Constitution, with the amendment that we are now presenting to this Plenary, the Federal Senate is also fulfilling its role of establishing a healthy institutional dialogue with the STF itself, without affronts from one side to the other, but with respect for different views to create constitutional legislation that balances respect for indigenous communities and the fundamental right of bona fide occupants to legal security”, explained Amin.