Support for indigenous people in Brazil's fight against the “Temporary Framework”
The history of the two original people of this territory that we now call Brazil did not begin in 1988; nem em 1500! EITHER CLACSO Working Group on Political Ecology(ies) from the South/Abya-Yala There is a struggle between indigenous peoples against the time frame, a racist and violent legal argument, which aims to extinguish the memory of historical violence against indigenous peoples and legitimize the illegal possession of invaders.
This fourth fair, on September 1, is scheduled for the Supreme Federal Court (STF), of the “Temporary Framework”, a legal instrument that is aligned with the rural policy of expansion of the agricultural frontier, which aims to hinder the demarcation of indigenous lands, instituting that only areas would be demarcated where the territorial presence of indigenous peoples has been confirmed. before the date of promulgation of the Brazilian Constitution of 1988.
In 2009, the Supreme Federal Court ruled on the demarcation of the Terra Indígena Raposa Serra do Sol, in the midst of a growing press of agrobusiness against the reconhecimento of the rights of indigenous peoples, and on this occasion, the STF created infra-legal conditions for the demarcation processes, among them, an argument that would suggest a "temporal framework" that defines the indigenous occupations dates back to 1988. As it deals with a judgment of a specific case, these so-called "conditioning" cannot be applied to other cases, because it is not up to the Judiciary to create laws, but only to julgar or comply with the laws. This period, however, saw the growth of agribusiness violence against the indigenous people and their growing non-legislative political power. Some years later, after the 2016 Coup, ruralistas managed to place an infralegal portal of the Advocacia Geral da União in which transformed the "conditionings" of the Raposa Serra do Sol into regulations, and that traces the argument of a supposed "time frame" invented by the rapporteur minister, Ayres Britto, into a "legal tese."
The Portaria da AGU was answered and did not enter into force, but various states controlled by agribusiness together with rural entities will passaram to answer all the demarcations of indigenous lands based on an argument that the farmers were filed before two indigenous people on the lands in litigation, once a specific date of October 5, 1988, they allege farmers, the indigenous people were not in a specific place. It is a discursive resource that aims to extinguish the memory of historical violence against indigenous people and legitimize the illegal possession of invaders, a racist legal argument that will provoke only an expressive increase in conflicts in the field, such as violence against indigenous populations, and moreover a historical injustice that will mark the future of a violent country, unequal, racist and authoritarian.
Camped for two weeks in Brasilia, in a camp called with the need for #LutaPelaVida, the Brazilian indigenous people demand that the STF defend the 1988 Federal Constitution in a historic fight for a more just country.
A fight for my land is the mãe of all fights. Indigenous blood, nenhuma gota a mais! Demarcation já! No time frame!
August 31th, 2021
CLACSO Working Group
Political ecology(ies) from the south/Abya-Yala
This statement expresses the position of the Working Group Epolitical ecology(ies) from the south/Abya-Yala and not necessarily that of the centers and institutions that make up the CLACSO international network, its Steering Committee or its Executive Secretariat.
