The ministers of the court examined the case last month and, so far, the majority (four to two) voted against the legal thesis that establishes the regularization only of the original territories occupied until October 5, 1988, the day of the promulgation of the current Federal Constitution.
If approved, the native peoples are limited to claiming only the possession of areas occupied on that date.
In parallel to the resumption, the National Congress may also resume this Wednesday the discussion on the controversial issue.
The initiative that regulates the temporary framework was approved by the Chamber of Deputies and is currently advancing in the Federal Senate.
The transitory milestone is an interpretation of Article 231 of the Constitution in which “the indigenous people, their social organization, customs, languages, beliefs and traditions are recognized”.
Likewise, “the original rights over the lands they traditionally occupy, with the Union being responsible for demarcating them, protecting and enforcing respect for all their assets”.