Barroso casts fourth vote against time frame in the STF

2023-08-31 23:44:47

Trial has been suspended and will resume on Wednesday (6)

Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), increased the score against the time frame for the demarcation of indigenous lands. In this afternoon’s session, Barroso cast the fourth vote against the milestone. With the minister’s position, the judgment score is 4 votes to 2 against the thesis.

After Barroso’s vote, the trial was suspended and will resume on Wednesday (6).

In his vote, Barroso cited the judgment that guaranteed the demarcation of the Raposa Serra do Sol Indigenous Land, in Roraima, and stated that the Constitution protects the right of indigenous people to their cultural identity and guarantees the right to land.

“There is no fixed and inexorable timeframe, and traditional occupation can also be demonstrated by the persistence in claiming to remain in the area,” he said.

Wishes

So far, in addition to Barroso, ministers Edson Fachin, Alexandre de Moraes and Cristiano Zanin have spoken out against the time frame. Nunes Marques and André Mendonça were in favor.

Moraes and Zanin voted against the time limit, but established the possibility of compensation to individuals who acquired land in “good faith”. By understanding, compensation for improvements and bare land would apply to landowners who received land titles from the government that should be considered as indigenous areas.