STF will judge actions on the Temporal Framework Law in the physical plenary from 10/12

The Federal Supreme Court (STF) will begin judging the actions that deal with the constitutionality of the Indigenous Lands Temporal Framework Law from next Wednesday, 10th. The trial had been scheduled to begin this Friday in the virtual plenary, but, after receiving criticism about the lack of debate in the virtual environment, minister Gilmar Mendes, rapporteur of the actions, decided to take the case to the physical plenary.

The first day was scheduled exclusively for reading the report and presenting oral arguments from lawyers and interested third parties. The shares have dozens of amicus curiae and supports can last more than one session. Furthermore, the minister’s interlocutors point out that his vote should be long. These factors indicate that the outcome of the trial should be expected in 2026.

The topic was discussed in a commission at the Supreme Court that sought conciliation on the matter over the course of 23 hearings. The commission was closed in June with little progress, without excluding the time frame thesis due to lack of consensus. The Supreme Court must assess whether or not to approve the agreement and will also rule on points on which there was no consensus.

In September 2023, the Supreme Court invalidated the time frame thesis – which says that indigenous people only have the right to the lands they occupied on the date of promulgation of the Constitution, on October 5, 1988. Days later, Congress approved a law that recreates the thesis. The case returned to the STF through actions that question or ask to confirm the validity of the law. Gilmar then sent the actions to conciliation to put an end to what he calls the “conflict spiral”.

Gilmar has indicated that he should discard the time frame thesis itself, because it has already been declared unconstitutional by the Court. But the minister must seek to maintain the changes proposed in the commission on demarcation procedures. One of these points is the mandatory participation of States and municipalities where the claimed area is located, in all stages of the process.

By overturning the time frame thesis, the Supreme Court defined that owners who occupied the land in good faith are entitled to compensation, to be paid by the Union. In a hearing held in June, Gilmar’s office presented a proposal to remove compensation for expropriation from the tax framework. This proposal can also be taken by Gilmar to the Supreme Court plenary.

Gilmar’s suggestion to speed up expropriation processes involves the issuance of precatório negotiable on the market that could be used to reduce tax payments. According to the minister’s assistant judge, Diego Veras, the suggestion was prepared with economists and experts in public accounts and would be more attractive than the negotiation of court orders that currently exists.