Minister Nunes Marques, of the Federal Supreme Court (STF), voted in favor of the time frame, a thesis that hinders the indigenous people’s right to ownership of their lands. The judgment of the case continued in the plenary in the Court this Wednesday (15) with the vote of the magistrate, who was the second to take a stand and left the scoreboard one by one. Previously, the rapporteur, Edson Fachin, had voted against the framework.
In his analysis, by expressing a conservative stance, Marques considered that the eventual denial of the thesis would increase violence in the countryside.
“The review of the jurisprudence of this court would represent a serious risk to legal certainty and a return to the situation of land conflict,” he said, in a statement that contrasts with what has been said by experts and other actors who oppose the time frame.
The group understands that the thesis gives muscle to the advance movements of large economic groups on indigenous lands, whose natural resources are usually targeted by landowners and other speculators.
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After Nunes Marques voted, minister Alexandre de Moraes asked for more time to analyze the process. According to the internal regulations of the STF, the deadline for returning the records, in this type of situation, is 30 days, renewable for an equal period. It is common, however, that the members of the Court do not follow this rule, which means that the process is placed in a temporal limbo, with no prediction of the return of the judgment.
Edition: Anelize Moreira