Supreme Court Keeps Demarcation of Indigenous Lands with Indigenous Agency

President tried to reverse Congress decision and return it to Agriculture ministry


The Supreme Federal Court unanimously suspended President Jair Bolsonaro's decree—MP 886—to transfer the demarcation of Indigenous lands from FUNAI to the Ministry of Agriculture.

Bolsonaro issued a second provisional measure after Congress rejected a first that had also attempted to put demarcation in the hands of the Ministry of Agriculture.

The Supreme Federal Court in Brasília (DF). (Foto: Renato Costa/FramePhoto/Folhapress) - FramePhoto/Folhapress

Supreme Court Justice Luís Roberto Barroso suspended MP 886 in June at the request of the parties Rede Sustentabilidade, PDT and PT. On Thursday court endorsed Barroso's injunction by ten votes to 0. Minister Alexandre de Moraes did not vote because he was not present at the session.

The Constitution bans the President from reissuing legislature that was already rejected or expired.

Following Barroso's injunction, Senate President David Alcolumbre (DEM-AP) declared the passage of the provisional measure dealing with the demarcation of indigenous and quilombola lands invalid. David, like the STF Justice, understood that Bolsonaro tried to reissue a decree that had already been rejected by parliamentarians.

The President of the House has the prerogative to challenge proposals that seem contrary to the Constitution.

Translated by Kiratiana Freelon

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