Lula vetoes part of the time frame and sanctions new guidelines for indigenous demarcations
The STF, in September, considered the thesis of the time frame for the demarcation of indigenous lands as unconstitutional.
Xokleng indigenous people celebrated after the STF formed a majority against the time frame - Photo Reproduction/Ueslei Marcelino/Reuters
President Luiz Inácio Lula da Silva (PT) vetoed, this Friday (20), an excerpt from a bill that stipulated the promulgation of the Constitution, in October 1988, as a time frame for the demarcation of indigenous lands. At the same time, Lula gave his approval to other aspects of the project, which had been approved by the National Congress in September, which established guidelines for the demarcation process.
Some of the vetoed proposals included those that authorized the planting of genetically modified organisms and the practice of mining on indigenous lands. Furthermore, the Brazilian president also rejected a point that would allow the construction of roads in indigenous areas, according to a member of the government. Through a post on a social network, the president communicated his decision to veto.
"Today I vetoed several articles of Bill 2903/2023, alongside Minister Sonia Guajajara and Ministers Alexandre Padilha and Jorge Messias, in accordance with the Supreme Court's decision on the subject. Let's talk and continue working so that we have, as we have today, legal security and also to respect the rights of original peoples", wrote Lula.
Decision
The decision to sanction the proposal came after a meeting held at its official residence at Palácio da Alvorada, in which ministers Padilha, Jorge Messias (Attorney General of the Union) and Sônia Guajajara (Indigenous Peoples) were present. The deadline established for the sanction of the proposal expired this Friday.
What comes next
The presidential veto will be submitted for analysis by members of Congress, made up of deputies and senators, who will have the prerogative to maintain or revoke Lula's decision. If lawmakers choose to revoke or veto, the part of the project that had previously been restored by the president would come into effect. The Federal Public Ministry (MPF) was a supporter of the total exclusion of the project. A note, prepared by the Chamber of Indigenous Populations and Traditional Communities (6CCR) of the MPF, argues that the implementation of the time frame thesis cannot occur through ordinary legislation.
6CCR also alleged that the application of these restrictions to the rights guaranteed to indigenous peoples in fundamental clauses of the Constitution, which implies that these rights could not be modified even through a Proposed Amendment to the Constitution (PEC).
Next Tuesday (24), a joint session of the Chamber of Deputies and the Senate is scheduled. Once again, the government will seek to reach an agreement with the opposition to deliberate on the vetoes that are blocking Congress's agenda. This will occur in the exchange of analysis of projects that aim to allocate extraordinary resources in the Union Budget.
Among the vetoes subject to voting, we find those that were applied by President Lula in the new set of fiscal rules. Senator Rodrigo Pacheco, who presides over Congress and represents the PSD of Minas Gerais, expressed skepticism about the possibility of the sections vetoed by Lula in the project related to the time frame being evaluated this month by parliamentarians.
