One of the most controversial topics in 2023 Veto 30/2023I support a time frame for the demarcation of indigenous lands (14,701 lei from 2023), was the subject of analysis by the National Congress next Thursday (14). Senators and MPs voted on the veto in a split manner and returned to the bill the part that gives the bill its name, defining “land traditionally occupied by indigenous peoples” as those “inhabited and used” by indigenous peoples for the purposes of their productive activities on the date of the promulgation of the Constitution. This particular point was analyzed individually by highlighting that it received 53 votes for rejection and 19 for retention in the Senate, and 321 votes for repeal and 137 for retention in the Chamber of Deputies. After overriding the veto, indigenous people will have the right to designate only those areas that they inhabited until October 5, 1988, when the Constitution was promulgated. The matter goes to notice.

The time frame results from the calculation (PL 2.903/2023) introduced by former MP Homero Pereira (MT) and approved by the Senate in September. The matter, submitted by Senator Marcos Rogério (PL-RO), received 43 votes for and 21 against. However, the project was vetoed by President Lula. In the veto, the government argued that the veto was necessary due to a ruling by the Federal Supreme Court (STF), which found the time frame for indigenous lands thesis unconstitutional. This thesis states that when delimiting indigenous territories, only the area occupied by indigenous peoples until the date of promulgation of the Constitution should be taken into account.

Following the failed vote to uphold the veto, the leader of the government in Congress, Senator Randolfe Rodrigues (Rede-AP), confirmed that the issue had been pacified by the 1988 Constitution and that the right to land ownership by aboriginal peoples had also recently been confirmed by a large majority of the Court's judges the Most High.

— President Lula vetoed this issue, fully aware that these people were having all their rights disregarded. We understand that there is no doubt about what is written in the text of the Constitution. That's why our vote is “yes” – he declared.

For Marcos Rogério, who belongs to the opposition, it would be impossible to accept “such legal uncertainty.”

— We cannot live in a country that disregards tradition, that disregards legal tradition. And this is the moment when the Brazilian people, the manufacturing sector, hoped that the National Congress would override the veto on the time frame and guarantee legal security for those involved in production and legal security for those working in the fields. We don't want violence. We want peace in the countryside and peace for those who work and produce food for Brazil and the world.

Senator Weverton (PDT-MA) said he would vote to override the veto on the time frame because he believes the demarcation of indigenous lands in Brazil is being done incorrectly. He defended a quality policy for these people “so that they can maintain their traditions in an inclusive way.”

Also opposing the veto, Senator Esperidião Amin (PP-SC) stated that Lula's solution was “harmful to the security of Brazilian society, especially the indigenous population.”

The fact that there is still a discussion on this topic in the country was criticized by Senator Luis Carlos Heinze (PP-RS). For him, the 1988 Constitutional Assembly had already granted a period of five years to resolve all issues relating to indigenous lands in Brazil.

— October 1993 And in 2023 we are discussing the same thing. This is a lack of respect for the Brazilian constitution. They will always find a way and a way […] I am asking for your commitment and support, and for the responsibility we bear for property rights. Today it occurs in rural areas. But if this trend continues, tomorrow any property, whether in the city or in the countryside, may be expropriated, he said.

Senator Tereza Cristina (PP-MS) also praised the rejection of the veto.

— Today we brought peace in the countryside, peace in the cities, peace in Brazil.

Agreement

The items vetoed by Lula were analyzed separately and upheld by parliamentarians: resumption of indigenous land due to changes in cultural characteristics; planting transgenic plants on indigenous lands; and contact with isolated nations, which should be avoided as far as possible, except to provide medical assistance or to mediate state activities for the public benefit.

The only sections that were not vetoed by the executive were those relating to general provisions defining the guiding principles of law, methods of recognizing demarcation on indigenous lands, and points regulating access and transparency of administrative procedures. process. Among the justifications for vetoing the deadline, the president argued that the legislative initiative is contrary to the public interest and is inconsistent with the constitution, “usurping primary rights” already provided for in the Constitution.

Agência Senado (reproduction authorized based on the quote from Agência Senado)

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