2023-08-08 23:34:31
Senator points out that the proposal requires joint work to reach consensus between the parties
The Agriculture and Agrarian Reform Commission (CRA) of the Senate will analyze, this Wednesday (8), the bill (PL 2903/2023) that establishes the Temporal Framework for the demarcation of indigenous lands. The matter, approved in the Chamber of Deputies, is being reported by Senator Soraya Thronicke (Podemos-MS), who presented a report to the collegiate today.
Member of the Agricultural Parliamentary Front (FPA), Soraya Thronicke points out that she has been talking to the government about the project and recalled that the Federal Supreme Court (STF) is also debating the matter. According to the senator, “the situation requires joint work”, since there is a “dissatisfaction of all parties” interested in the time frame.
“I understand that we need to work together to achieve the objective of satisfying all parties involved. And for that, I will spare no efforts”, declared the rapporteur, adding that the substitute approved in the Chamber is coherent, preserves the conditions, legal certainty and, in the CRA, the project must be analyzed on its merits.
“I presented the report for the approval of PL 2903/2023 as it came from the Chamber. The timeframe will still be analyzed on the legal issue at the CCJ, and then it should be discussed with all senators in plenary,” he highlighted.
The senator also points out that the time frame has a constitutional basis and believes that its approval will bring legal certainty to all. “It’s been 16 years of debate and we’ve reached a point where you can’t escape a viable solution. We can no longer let the Supreme resolve this, as that is the function of the Legislative Power, ”she said.
The timeframe has been the subject of public hearings and speeches in the Senate. The vice-president of the FPA in Casa Alta, senator Zequinha Marinho (Podemos-PA), emphasizes concern with the right to property.
“The Temporal Framework is essential to guarantee the necessary legal security. Without it, to serve as a parameter, we are vulnerable and run the risk of self-declared indigenous groups claiming lands that today have owners,” said Zequinha.
Senator Teresa Cristina (PP-MS) said that the Marco Temporal provides peace in the countryside. “It is important that Congress fulfills its role of legislating on relevant issues that bring justice and peace to the land, both for indigenous people and for rural producers. And that the Union has instruments to resolve issues relevant to the country’s development,” added Tereza Cristina.
Dialogue
To guarantee objective parameters and predictability in legal relations, the president of the Agricultural Parliamentary Front (FPA), deputy Pedro Lupion (PP-PR), clarifies that the bill is not ideological, but a constitutional guarantee to the right of property.
“We’re talking about urban areas, municipalities that would cease to exist if there wasn’t a Time Frame to become part of the land. It is a risk to the country’s sovereignty and we have been considering this, including with the ministers of the Federal Supreme Court, ”he said.
The bench leader believes that it is also essential that the National Congress send a message to society. In this case, that it is up to the Legislative Houses to legislate and seek understanding in a democratic way, while the judiciary judges the necessary demands. “Our message is that there is no need for a judgment, as we are doing our part to vote and ratify what they themselves defined”, he emphasized.
Author of the bill in the Chamber of Deputies, Deputy Arthur Maia (União-BA) highlighted that the debate in the National Congress is about “the theory of the indigenate and the indigenous fact”.
The deputy also points out that the FPA defends the thesis of the indigenous fact, that is, “those lands that were maintained by indigenous peoples, living with their cultures and customs on October 5, 1988, the date of promulgation of the Federal Constitution,” explains.
The Marco Temporal, established in the Federal Constitution of 1988 and defended by the Federal Supreme Court (STF) in the case of the indigenous land Raposa Serra do Sol (RR) in 2009, establishes that indigenous people only have the right to the land if they were in the area on the date of enactment of CF/88, on October 5, 1988. And the federal government would have five years to demarcate the referred regions – that is, until October 5, 1993.
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