By 9 votes to 2, Court declared the marco temporal unconstitutional
The STF ( Federal Supreme Court) considered the Marco Temporal for indigenous lands to be unconstitutional.
The trial was concluded with the votes of justices Luiz Fux, Cármen Lúcia, Gilmar Mendes, and Rosa Weber, all contrary to the thesis. The only ones in favor were André Mendonça and Kassio Nunes Marques.
The result was a victory for the indigenous people, who celebrated with songs and dances outside the Federal Supreme Court.
Defended by ruralists, the thesis predicted that the demarcation of territories should respect the area occupied by indigenous people until the 1988 Constitution.
According to Justice Fux, who cast the vote that confirmed the majority, indigenous lands, even if not demarcated, must have protection from the State.
Cármen Lúcia stated that the theme concerns the “ethnic dignity of a people who have been decimated and oppressed during five centuries of history”.
The decision puts pressure on the Senate, which is currently analyzing a bill on the topic that has already been approved in the Chamber. Now, the expectation is that the proposal will be rejected.
Source: Folha De S. Paulo
