The STF president, Luiz Fux, postponed for this Thursday the resumption of the trial on the so-called temporary framework, defended by the agribusiness, political and economic sectors interested in the exploitation of indigenous lands.
The ministers of the court did not have time to start examining the case, argued Fux.
Since yesterday, the Supreme Court has been waiting to analyze a land recovery lawsuit filed by the government of the southern state of Santa Catarina against the Xokleng people, expelled from their traditional hunting areas more than a century ago to make room for European settlers.
The petition refers to the Ibirama-Laklãno aboriginal lands, where the Guarani and Kaingang peoples live.
Since 2017, the State has invoked the time-frame thesis to claim the territory.
According to this legal political interpretation, possession of the land is only guaranteed to those who can prove that they were in the area on the date of promulgation of the Federal Constitution, October 5, 1988. In practice, this limits recognition. In 2019, the STF gave the process the status of ‘general repercussion’, which means that the decision made in the case will serve as a guideline for the federal leadership and all instances of justice with respect to demarcation proceedings.